• United States v. United States Sugar Corp.

    Publication Date: 2023-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Federal Government | Food and Beverage | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: Jonathan S. Kanter, Doha Mekki, Maggie Goodlander, David B. Lawrence, Daniel E. Haar, Nikolai G. Levin, Peter M. Bozzo, Brian Hanna, Jonathan Y. Mincer, U.S. Department of Justice Antitrust Division, Washington, DC for plaintiff-appellant.
    for defendant: Melissa Arbus Sherry, Amanda P. Reeves, Lindsey S. Champlin, David L. Johnson, Charles S. Dameron, Latham & Watkins LLP, Washington, DC; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Christopher S. Yates, Latham & Watkins LLP, San Francisco, CA; Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Timothy G. Cameron, Peter T. Barbur, David R. Marriott, Daniel K. Zach, Michael K. Zaken, Lindsey J. Timlin, Hannah L. Dwyer, Cravath, Swaine & Moore LLP, New York, NY; Amanda L. Wait, Norton Rose Fulbright US LLP, Washington, DC; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Daniel K. Hogan, Hogan McDaniel, Wilmington, DE for defendant-appellees.

    Case Number: 22-2806

    Rather than employ the hypothetical monopolist test analysis for determining product market under Section 7 of the Clayton Act, the Third Circuit affirmed the District Court's analysis using the actual market for refined sugar as the product market definition.

  • United States v. Vargas

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-20140

    Appellant pled guilty to conspiring to possess cocaine after he and his co-conspirator were arrested in a Wal-Mart parking lot where they had agreed to meet an undercover agent to pay $125,000 in exchange for 5 kg of cocaine.

  • August 2, 2023 | Law.com

    Critical Mass by Law.com's Aleeza Furman: J&J's Latest Talc Bankruptcy Woes, Interpreters Hit NY Courts With Class Action

    Johnson & Johnson vows another appeal after its subsidiary's second bid at filing for bankruptcy is dismissed. The New York State Unified Court System is hit with a class action from court interpreters alleging discriminatory pay and treatment.

    6 minute read

  • Henry v. Wilmington Trust NA

    Publication Date: 2023-07-24
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
    for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.

    Case Number: 21-2801

    Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.

  • Backertop Licensing LLC v. Canary Connect, Inc.

    Publication Date: 2023-07-24
    Practice Area: Patent Litigation
    Industry: Consumer Products | Electronics
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Counsel: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE; Ronald W. Bums, Frisco, Texas for plaintiff.
    for defendant: Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Mark K. Suri, Hinshaw & Culbertson LLP, Chicago, IL; Jeremy Douglas Anderson, Fish & Richardson, P.C., Wilmington, DE; Ricardo J. Bonilla, Fish & Richardson, P.C., Dallas, TX for defendants.

    Case Number: 22-572-CFC

    The court's inherent power to manage its docket and orderly and expeditiously dispose of cases extends to requiring nonparty out-of-state witnesses to personally appear before the court.

  • July 21, 2023 | Law.com

    Should This Judge Recuse?/Long-Pending Appellate Nominee Confirmed

    Bankruptcy Judge faces recusal motion due to her novel that allegedly mirrors -- and disparages -- the litigants.

    8 minute read

  • July 17, 2023 | The Legal Intelligencer

    Federal Judge Gives Plaintiff a Choice: Slash 'Grossly Excessive' $1M Jury Award by $900K or Retry Case

    "She may have suffered distress from the events in question, but an award of $1,000,000 is grossly excessive under the circumstances," U.S. District Judge Joshua D. Wolson of the Eastern District of Pennsylvania wrote.

    6 minute read

  • July 6, 2023 | Daily Report Online

    1st Circuit Reinstates 'Future Misuse' Claims by Ga., Ohio Residents Stemming From 2021 Data Breach

    "The First Circuit applied the Supreme Court's holding in 'TransUnion v. Ramirez' to the real-world facts of data breach cases, where plaintiffs and class members face significant risks from exposure to their confidential information," said David K. Lietz, a partner at Milberg Coleman Bryson Phillips Grossman's Washington, D.C., office who represented the plaintiffs.

    6 minute read

  • July 5, 2023 | Law.com

    'Doors Are Still Open': 1st Circuit Reinstates 'Future Misuse' Claims Stemming From 2021 Data Breach

    "The First Circuit applied the Supreme Court's holding in 'TransUnion v. Ramirez' to the real-world facts of data breach cases, where plaintiffs and class members face significant risks from exposure to their confidential information," said David K. Lietz, a partner at Milberg Coleman Bryson Phillips Grossman's Washington, D.C., office who represented the plaintiffs.

    6 minute read

  • Harmon v. Texas Southern University

    Publication Date: 2023-06-26
    Practice Area: Civil Appeals | Civil Rights | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Justice Bourliot
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 14-21-00125-CV

    A university employee, who had her lawsuit dismissed against the university on governmental immunity grounds, successfully proved on appeal that she was entitled to relief.