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The defendants claimed that Chinese law compelled them to form a cartel to sell vitamin C, and the Chinese government even hired Sidley Austin to support that argument. But the companies still can't escape class action litigation over the alleged price-fixing, a Brooklyn federal judge ruled Tuesday.
A federal judge in Brooklyn agreed Thursday to certify classes of direct and indirect purchasers in a set of suits accusing four Chinese manufacturers of joining a cartel to fix prices for vitamin C. The litigation has drawn a rare U.S. court appearance by the Chinese government, which hired Sidley Austin to back the companies' defense.
Pillsbury's New Leader Has Tough Act to Follow
Mary Cranston is stepping down after a raucous tenure as chair of Pillsbury Winthrop Shaw Pittman. Her replacement faces some challenges to keep the firm competitive.After getting sued for patent infringement by a non-practicing entity called Oasis Research, EMC could have settled, like most of its co-defendants. Instead, the company filed an appeal with the Federal Circuit and won a ruling that limits the ability of patentholders to name multiple defendants in the same complaint. Now EMC is heading back to the Federal Circuit, seeking a ruling that could ease the way for more cases to be transferred out of the plaintiff-friendly Eastern District of Texas.
Resistance to Arbitration Is Evident in First Circuit's 'Rosenberg' Ruling
The recent decision by the First Circuit in Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith Inc. has been interpreted as favoring arbitration of statutory employment claims. As such, it is in line with many recent decisions, including the Supreme Court's Gilmer opinion, upholding pre-dispute arbitration clauses. But Rosenberg also has a second, anti-arbitration theme that reflects a continuing current of resistance to arbitration of statutory employment claims.Trending Stories
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