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On The Case Headlines

DOJ bucks China, urges SCOTUS to hear case against vitamin cartel

On Tuesday, as President Donald Trump returned to Washington from his long trip to Asia, lawyers at the U.S. Justice Department defied China’s Ministry of Commerce in a brief (2017 WL 5479477) urging the U.S. Supreme Court to review the dismissal of an antitrust class action against a cartel of Chinese vitamin manufacturers.

Chevron deference landmine lurks in new brief in SCOTUS whistleblower case

There’s a landmine buried in a footnote on the last page of Digital Realty’s newly filed reply brief in the U.S. Supreme Court case that will determine the scope of Dodd-Frank anti-retaliation protections for corporate whistleblowers. And if the justices step on it, they could blow up administrative law as it’s currently practiced.

7th Circuit confronts antitrust in the age of Big Data

On Monday, the 7th U.S. Circuit Court of Appeals vacated a preliminary injunction (2017 WL 5112979) that required competing car dealership software management companies to allow a data scraper to access information from consenting customers. The data scraper, Authenticom, had accused the dealership management companies of conspiring in violation of the Sherman Act to block Authenticom from obtaining information dealerships want to provide.

How to scare away a lead plaintiff

When I first got a tip to check the docket of a securities class action against the biopharmaceutical company Tokai, I was expecting to find shady behavior by plaintiffs' lawyers. The case is just taking shape, and, all too often, competition for appointment as lead counsel brings out the worst in the class action bar.

Delaware Supreme Court mulls allowing do-over derivative suits

The justices of Delaware’s Supreme Court didn’t ask a whole lot of questions during oral arguments Wednesday in their second consideration of a closely watched shareholder derivative suit against former board members of Wal-Mart – but the few posed by Justices Karen Valihura and Gary Traynor hinted that the court may be looking at a way to decide the case without upending longtime Delaware precedent on successive derivative suits by different shareholders.


U.S. Senate candidate Moore's wife says 'he will not step down'

WASHINGTON The wife of Republican U.S. Senate candidate Roy Moore of Alabama said on Friday her husband would not end his campaign in the wake of sexual misconduct allegations, dismissing reports about his past behavior toward some women as political attacks. | Video