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American Needle, Inc. v. National Football League, et al., 2010 U.S. LEXIS 4166 (May 24, 2010)

LexisNexis Overview: Agreements among a football league, its teams, and a licensor formed by the teams to license their intellectual property constituted concerted action that was subject to antitrust scrutiny under 15 U.S.C.S. § 1. The teams' decisions to collectively license their separately...

Greenberg Traurig Alert: Supreme Court Unanimously Finds NFL’s Joint Licensing Activities are Subject to Antitrust Rule of Reason

In the valedictory antitrust opinion of Justice John Paul Stevens, joined by all eight other justices, the Supreme Court held on May 24, 2010, in American Needle, Inc. v. National Football League , et al., that collective licensing activities of member teams of the National Football League (NFL) constitute...

Morrison v. Nat'l Austl. Bank, 2010 U.S. LEXIS 5257 (June 24, 2010)

LexisNexis Overview: Where foreign shareholders alleged that respondents violated § 10(b) of the Securities and Exchange Act of 1934 and SEC Rule 10b-5 regarding securities traded on foreign exchanges, dismissal was warranted because § 10(b) applied only to transactions in securities...

Standing To Challenge Foreign Intelligence Surveillance Act’s Constitutionality Debated Before High Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the...

High Court Hears Oral Arguments In Antitrust Class Certification Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Nov. 5 on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to...

High Court Hears Arguments on State-Action Doctrine in Hospital Merger Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 26 heard oral arguments regarding whether the state-action doctrine applied to immunize a merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened competition...

U.S. Supreme Court: Hospital Merger is not Immune from Antitrust Scrutiny

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 19 ruled that the state-action doctrine does not immunize the merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened competition in the market for hospital...

High Court Hears Arguments on Validity of Arbitration Clause in Antitrust Action

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized service contract violated the Federal Arbitration...

Supreme Court Grants Certiorari in Dispute over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

Supreme Court Affirms Decision in Health Care Class Arbitration Dispute

WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers under the Federal Arbitration Act (FAA) in determining that parties affirmatively "agreed to authorize class arbitration" in a case involving a...

High Court: Class-Action Waiver in Arbitration Clause Is Valid in Antitrust Case

WASHINGTON, D.C. - (Mealey's) A mandatory class action waiver clause in American Express Co.'s (AmEx) standardized service contract is enforceable under the Federal Arbitration Act (FAA), even if the cost of individual arbitration of merchants' antitrust claims is prohibitively high, ...

Arguments to Keep the Fraud on Market Theory, and Thinking About a World Without It

As the March 5, 2014 date for oral argument before the United States Supreme Court in the closely-watched Halliburton case approaches, the briefing process in the case has continued to unfold. On January 29, 2014, the Erica P. John Fund, the respondent (the plaintiff in the underlying action) filed its...

Facts, Opinions, Omissions, and Context: The U.S. Supreme Court Issues Omnicare Opinion

In a March 24, 2015 opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund ( here ), the U.S. Supreme Court set aside the Sixth Circuit’s ruling that allegations of “objective falsity” were sufficient to make a statement of opinion in securities offering...

New Supreme Court Case Could Have Huge Impact on Class Action Litigation

On April 27, 2015, in a development that could have significant implications for a wide variety of class action lawsuits, the United States Supreme Court granted the petition of for a writ of certiorari of online search firm Spokeo. The cert grant sets the stage for the Court to consider whether Congress...