Posts Tagged ‘antitrust’

A mixed Ninth Circuit ruling on antitrust and the NCAA

“Colleges can’t be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled Wednesday, reversing part of a landmark antitrust decision that had called into question the NCAA’s entire business model.” [Marisa Kendall, The Recorder; W$J] From August: “How Sports Got Blitzed By the Plaintiff’s Bar” [Ross Todd, The Recorder]

September 16 roundup

  • Study hyped as showing vaping serves as gateway to smoking doesn’t actually show that [Jacob Sullum]
  • Your guano ticket to land-based wealth: 1856 law on bird droppings can help you claim an island [Mark Mancini, Mental Floss]
  • Dignity of the bench: “Judge lied about claimed toilet-lid attack outside courthouse, jury finds” [ABA Journal; Waterloo, N.Y.]
  • Someone’s using someone: “Providence using plaintiffs bar to become player in antitrust cases” [Jessica Karmasek, Legal Newsline, related]
  • Competitive Enterprise Institute picks what it considers the nation’s six worst state AGs, most names are familiar to our readers [Hans Bader/CEI, more, full report in PDF, and thanks for link]
  • “Frivolous Serial Pro Se Litigant Upset Journalists Portrayed Him As A Frivolous Serial Litigant” [Tim Cushing, TechDirt]
  • Model of arbitration in Njal’s Saga: binding, provided it roughly tracks outcome of averted violence [Tyler Cowen]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

“Apple’s Antitrust Lord – The outside legal monitor who bills for reading our editorials.”

This Wall Street Journal editorial may be under a paywall or registration for some readers, but its highlight comes in its headline: settlement monitor Richard Bromwich, appointed by a federal judge in 2013 to oversee Apple, “bills for reading our editorials.” More on settlement monitors at our tag; more on Apple and 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]