Posts Tagged ‘antitrust’

Roger Parloff on Apple’s e-books defense

After charging hard into a market that had been almost entirely dominated by Amazon, Apple found itself facing antitrust charges filed by the U.S. Department of Justice and 33 state attorneys general, culminating in a bench-trial courtroom loss in 2013, now on appeal. I missed it at the time, but a couple of months back Roger Parloff had a write-up at Fortune on why the key Apple executive at the center of the case “says he’d ‘do it again’ – but ‘take better notes.'”

Pharmaceutical roundup

  • War on painkillers finds new casualty in ailing veterans [Washington Post, Brian Doherty]
  • “Woman says ‘Fifty Shades of Grey’ lube doesn’t deliver, should be registered with FDA” [Legal NewsLine]
  • “Robert F. Kennedy Jr.’s Twisted Anti-Vaxx History” [Russell Saunders, Daily Beast back in July]
  • Using antitrust law, New York seeks to force maker to go on producing older formulation of drug [Ilya Shapiro on Cato brief in Second Circuit] Courts have mostly rejected claims of a duty to supply grounded in obligation to patients [James Beck, Drug & Device Law]
  • “Patients see [biotech] startups and hope for a cure. Too many lawyers see them and hope for a payday.” [Standish M. Fleming, WSJ]
  • Argument that policymakers undervalue pharmaceutical aids to heroin rehabilitation [Jason Cherkis]
  • After suing the obvious defendants in New England Compounding Pharmacy contamination case, lawyers started in on the less obvious [Drug and Device Law, background on regulation-spurred rise of compounding pharmacies]

January 20 roundup

  • Grand jury said to recommend charges against Pennsylvania Attorney General Kathleen Kane [Philadelphia Inquirer, more, earlier here and here]
  • Orin Kerr analyzes Obama admininstration proposals to expand law on computer crime [Volokh Conspiracy and more]
  • “Religious Liberty Isn’t a ‘Dog Whistle’ – It’s a Necessary Practice of a Free Society” [Scott Shackford, Reason vs. Frank Bruni, New York Times]
  • Scalia, Epstein, many others: videos now online from the Federalist Society’s recently concluded 2014 National Lawyers Convention;
  • List of firms with non-disparagement clauses (of highly dubious enforceability) purporting to forbid negative comments from customers [Tim Cushing, TechDirt]
  • “Red Tape Is Strangling Good Samaritans” [Philip K. Howard, The Daily Beast]
  • I’ve written on this irony: antitrust lawyers collude among themselves to boost their fee take [Daniel Fisher]

August 13 roundup

  • Texas jury awards $27 million against McDonald’s in negligent security case [Bloomberg]
  • NYC cop sues after being acquitted on rape charges, and from the difference in coverage between the NY Daily News and Slate, you might not realize it was the same case;
  • “Obamacare was no inartful compromise; it was a brutal cramdown.” [Michael Greve, Law and Liberty, on Halbig]
  • American Tort Reform Foundation nominations of “judicial hellholes” this year include Louisiana, South Florida and NYC [Abnormal Use]
  • Antitrust’s awful academics [Tom Bowden, Ayn Rand Institute]
  • New York Assembly Speaker Silver “earned up to $750,000 in 2013 working a few hours per week” at prominent tort firm [NY Daily News]
  • Europe: Gardeners with sit-on lawnmowers face buying motor insurance [Telegraph]

“SawStop suit stopped”

Last month federal district judge Claude Hilton dismissed an antitrust suit filed against rival makers of table saws by SawStop, a company that has patented a table saw with innovative safety features. “Hilton’s ruling, while a blow to SawStop, has no legal bearing on the company’s efforts to get the Consumer Product Safety Commission to require the use of their technology on most table saws sold in the U.S.” Trial lawyers at Boies Schiller and elsewhere have also filed numerous product liability suits against makers of conventional saws; many saw users prefer to go on buying conventional saws, which are much less expensive, in preference to using the SawStop system [David Frane, Tools of the Trade, background; earlier]