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Pennsylvania Supreme Court Extends Reach Of Unfair Trade Practices And Consumer Protection Law To Transactions Occurring Outside Pennsylvania And To Non-Pennsylvanians
The Supreme Court greatly expanded the territorial reach of the Unfair Trade Practices and Consumer Protection Law recently, holding that the Law reaches the alleged acts of Pennsylvania-based companies outside the Commonwealth.
United States
5 Mar 2018
Sowing Uncertainty: Navigating Patent Disputes And Antitrust Scrutiny Post King Drug
On June 26, 2015, the Third Circuit issued an opinion in King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., (Case No. 14-1243).
United States
6 Aug 2015
Despite Delay, Failure To Plead, And Participation In Litigation, Federal Court Enforces Arbitration Clause
Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state courts across the country
United States
17 Mar 2014
Another Court Holds Daubert Analysis Required When Critical To Class Certification
This Alert focuses on a recent decision by the U.S. District Court for the Middle District of Pennsylvania in a multidistrict price-fixing antitrust case.
United States
6 Feb 2013
Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
In an effort to avoid class action litigation, many businesses include a waiver of class action claims in their contracts, limiting dispute resolution to arbitration of claims on an individual rather than class action or collective basis.
United States
20 Apr 2011
Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?
In a decision more critical for procedure than its end result, the United States Court of Appeals for the Seventh Circuit considered, and ultimately rejected, an interlocutory bid by Verizon Wireless LLC, AT&T Mobility LLC, Sprint Nextel Corp., and T-Mobile USA Inc. — who allegedly control 90% of the U.S. text messaging market — to dismiss a putative class action alleging that they conspired to fix text message prices.
United States
18 Jan 2011
American Needle, Inc. v. National Football League – Is Every League or Association a "Walking Conspiracy" for Purposes of Antitrust Analysis?
The United States Supreme Court concluded earlier this week that the National Football League ("NFL") is not a single business, but rather is 32 separate entities.
United States
26 May 2010
The Third Circuit Clarifies The Robinson-Patman Act’s "Competing Purchaser" Requirement
The Third Circuit recently reversed a district court’s judgment in favor of a plaintiff under the federal price discrimination statute, the Robinson-Patman Act (RPA), 15 U.S.C. § 13, concluding that the RPA does not apply where any competition between the plaintiff and the purportedly favored purchaser occurred "before" the allegedly discriminatory sale by the manufacturer took place.
United States
14 Mar 2010
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