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Federal Trade Comm. v. Vyera Pharms. LLC

Publication Date: 2020-08-25
Practice Area: Antitrust
Industry: Pharmaceuticals
Court: U.S. District Court for the Southern District of New York
Judge: District Judge Denise Cote
Attorneys: For plaintiff: For Plaintiff Federal Trade Commission: Markus H. Meier, Bradley S. Albert, Armine Black Daniel W. Butrymowicz, D. Patrick Huyett, Neal J. Perlman, J. Maren Schmidt, James H. Weingarten, Federal Trade Commission, Washington, DC. For Plaintiff State of New York: Letitia James, Christopher D'Angelo, Elinor R. Hoffman, Saami Zain, Amy McFarlane, Jeremy Kasha, Bryan Bloom, Office of the New York Attorney General Antitrust Bureau, New York, NY. For Plaintiff State of California: Michael D. Battaglia, Office of the Attorney General of California, San Francisco, CA. For Plaintiff State of Ohio: David Yost, Beth Finnerty, Elizebeth M. Maag, Office of the Ohio Attorney General, Columbus, OH. For Plaintiff Commonwealth of Pennsylvania: Josh Shapiro, Tracy W. Wertz, Joseph Betsko, Stephen Scannell, Pennsylvania Office of Attorney General, Harrisburg, PA. For Plaintiff State of Illinois: Richard S. Schultz, Office of the Attorney General of Illinois, Chicago, IL. For Plaintiff State of North Carolina: Joshua H. Stein, K.D. Sturgis, Jessica V. Sutton, North Carolina Dept. of Justice, Consumer Protection Division, Raleigh, NC. For Plaintiff Commonwealth of Virginia: Mark R. Herring, Sarah Oxenham Allen, Tyler T. Henry, Office of the Attorney General of Virginia, Richmond, VA.
for defendant: For Defendants Vyera Pharmaceuticals, LLC and Phoenixus AG: Stacey Anne Mahoney, Sarah E. Hsu Wilbur, Morgan, Lewis & Bockius LLP, New York, NY., Scott A. Stempel, Morgan, Lewis & Bockius LLP, Washington, D.C. Steven A. Reed, Francis A. DeSimone, Morgan, Lewis & Bockius LLP, Philadelphia, PA. Noah J. Kaufman, Morgan, Lewis & Bockius LLP, One Federal Street, Boston, MA. For Defendant Martin Shkreli: Christopher H. Casey, Esq., A.J. Rudowitz, Esq., Duane Morris LLP, Philadelphia, PA. Edward T. Kang, Kandis L. Kovalsky, Kang, Haggerty & Fetbroyt LLC, Philadelphia, PA. For Defendant Kevin Mulleady: Kevin J. Arquit, Albert Shemmy Mishaan, Kenneth R. David, Kasowitz Benson Torres LLP, New York, NY.
Case Number: 20cv706

UTPCPL Claim Fails to Adequately Allege Shkreli's Anticompetitive Conduct Was Fraudulent

MPM Silicones LLC v. Union Carbide Corp.

Publication Date: 2020-08-12
Practice Area: Environmental Law
Industry: Manufacturing
Court: U.S. Court of Appeals for the Second Circuit
Judge: Per Curiam
Attorneys: For plaintiff: For Plaintiff-Counter-Defendant-Appellant-Cross-Appellee MPM Silicones, LLC: Jeremy W. Meisinger, Foley Hoag LLP, Boston, MA, Peter A. Sullivan, Foley Hoag LLP, New York, NY, on the brief, Jonathan M. Ettinger, Foley Hoag LLP, Boston, MA.
for defendant: For Defendant-Counter-Claimant-Appellee-Cross-Appellant Union Carbide Corporation: Karl S. Bourdeau, Benjamin E. Apple, Beveridge & Diamond, P.C., Washington, DC, Megan R. Brillault, Beveridge & Diamond, P.C., New York, NY, on the brief, Harold L. Segall, Beveridge & Diamond, P.C., Washington, DC.
Case Number: 17-3468(L)

District Court Properly Adjudicated the Allocation of Future Removal Action Costs

August 10, 2020 | The Legal Intelligencer

High Court Report Card: How the Third Circ. Fared in the 2019-2020 Term (Part 2)

In last month's column, I examined the four cases that reached the U.S. Supreme Court directly from the U.S. Court of Appeals for the Third Circuit in the 2019-2020 term. As readers may recall, the Third Circuit had a .500 success rate in those four cases, achieving two affirmances and two reversals.

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July 17, 2020 | The Legal Intelligencer

People in the News—July 17, 2020—Tucker Arensberg, Capehart Scatchard

The law firm of Tucker Arensberg announced that retired Judge Judith K. Fitzgerald is the recipient of the Bankruptcy American Inns of Court Alliance Distinguished Service Award for 2020, and Capehart Scatchard announced that Cameron R. Morgan was elected for a two-year term as trustee for the North-Central District of the New Jersey Association of School Attorneys and Lauren E. Tedesco was reelected as trustee for the Southern District.

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B.L. v. Mahanoy Area Sch. Dist.

Publication Date: 2020-07-13
Practice Area: Constitutional Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0725

In this precedential case, the third circuit held that the first amendment protects students engaging in off-campus speech to the same extent it protects speech by citizens in the community at large and the seminal holding in Tinker v. Des Moines Independent Community School Districtdid not apply to plaintiff's off-campus speech.

July 10, 2020 | New Jersey Law Journal

3rd Circuit Affirms $591K Undue Influence Award Against Lawyer

The ruling affirms an award of $391,040 in damages and $200,495 in prejudgment interest.

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Spring Branch v. OW

Publication Date: 2020-06-29
Practice Area: Civil Appeals | Education Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Higginson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-20274

After years of private schooling, O.W., a minor with a history of mental illness, enrolled in the fifth grade at appellant school district.

June 18, 2020 | The Legal Intelligencer

Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction

When nonresident members of a corporate group, usually the parent company, should expect to be subjected to the jurisdiction of Pennsylvania courts when one of the entities, usually the subsidiary, is based or does business in the state.

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June 4, 2020 | New Jersey Law Journal

NJ School Districts' 'Too Expensive' Defense in Special Ed Lawsuits Does Not Fly

The "it's too expensive" defense is nonsense in the special education law context. If a school district accepts federal funding, it must provide a minimum level of special education services to its students.

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PPG Indus. Inc. v. United States

Publication Date: 2020-05-18
Practice Area: Environmental Law
Industry: Chemicals and Materials | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Fisher
Attorneys: For plaintiff: Adam G. Husik and Joseph F. Lagrotteria (K&L Gates); Joseph M. Rainsbury (Miles & Stockbridge)
for defendant: Jeffrey Bossert Clark, Assistant Attorney General, and Allen M. Brabender (U.S. Department of Justice, Environmental & Natural Resources Division)
Case Number: 19-1165

Government Had No Operator Liability Under CERCLA Where It Had No Control Over Polluting Activities at Manufacturing Facility