Carl W Hittinger

April 12, 2021 | The Legal Intelligencer

In this article, we discuss the arguments made by counsel for the National Collegiate Athletic Association (NCAA), and questions posed by the justices.

By Carl W. Hittinger and Julian D. Perlman

8 minute read

February 26, 2021 | The Legal Intelligencer

A civil justice crisis still looms. Federal and state courts that were already underfunded, overworked, and faced unfilled vacancies before the pandemic now face additional judicial vacancies and layoffs of judicial personnel, budget shortfalls and lengthy courthouse shutdowns because of the still ongoing pandemic.

By Carl W. Hittinger and Julian D. Perlman

7 minute read

January 22, 2021 | The Legal Intelligencer

In early January 2021, President Joe Biden announced his intent to nominate U.S. Court of Appeals for the D.C. Circuit judge, and former Supreme Court nominee, Merrick Garland to lead the Department of Justice.

By Carl W. Hittinger and Tyson Y. Herrold

9 minute read

December 07, 2020 | The Legal Intelligencer

If these surcharges are tied to the pandemic and directly related to increased costs—either cleaning, sanitation, outfitting workers or patrons with personal protective equipment, or increased base costs as a result of the pandemic—the charges should not raise any legal concern.

By Carl W. Hittinger and Ann M. O'Brien

4 minute read

October 23, 2020 | The Legal Intelligencer

We have written about the antitrust views and backgrounds of other justices on the court, such as Justice John Paul Stevens, and more recently Justice Ginsburg, Justice Neil Gorsuch and Justice Brett Kavanaugh; however, Judge Barrett remains the wild card in this area of the law.

By Carl W. Hittinger and Jeanne-Michele Mariani

5 minute read

October 02, 2020 | The Legal Intelligencer

One area of the law in which her opinions in a most prolific career are rare, is that of antitrust. It could be that Ruth Bader Ginsburg, who joined a U.S. Supreme Court already heavy with two antitrust jurists—Justices Stephen Breyer and Justice John Paul Stevens, and more recently Justice Neil Gorsuch—felt the viewpoints of her better-versed colleagues more compelling than her own thoughts on the matter.

By Carl W. Hittinger and Jeanne-Michele Mariani

7 minute read

August 28, 2020 | The Legal Intelligencer

In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization's policies that prohibit student-athletes from being compensated are, in fact, anticompetitive.

By Carl W. Hittinger and Jeanne-Michele Mariani

6 minute read

July 27, 2020 | The Legal Intelligencer

While the executive provided some level of authority to government enforcers to prosecute cases at the federal level, the bulk of price-gouging laws exist at the state level.

By Carl W. Hittinger, Ann O'Brien and Jeanne-Michele Mariani

6 minute read

May 29, 2020 | The Legal Intelligencer

Mergers can be an attractive proposition under normal circumstances, but could become even more intriguing as the markets change to keep up and adapt with the new normal.

By Carl W. Hittinger and Jeanne-Michele Mariani

6 minute read

April 24, 2020 | The Legal Intelligencer

One way to break through bottlenecks and potentially save time and lives is for industry participants to collaborate with each other to take fast, decisive measures to increase output and distribute products to those most in need as quickly as possible.

By Carl W. Hittinger and Brady Cummins

12 minute read