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April 11, 2023 | Law.com

Humana's RICO Claims Against MS Drug Manufacturer Barred by 'Indirect Purchaser' Rule, Judge Concludes

"Under the 'indirect purchaser rule,' first developed by the Supreme Court in the antitrust context, only a direct purchaser of goods has standing to assert a claim for violation of the antitrust laws," U.S. District Judge F. Dennis Saylor wrote. "Every circuit to have considered the issue has held that the rule also applies to civil RICO actions, and that indirect purchasers therefore do not have standing to assert RICO claims. The First Circuit has not yet addressed the question. While there may be practical and policy reasons to question the application of that rule in the health-insurance context, for the reasons that follow, this Court will follow the majority rule. It will therefore dismiss the civil RICO claims for failure to state a claim on that basis."
6 minute read
March 24, 2023 | The American Lawyer

'Second-Best Year Ever': Paul Weiss Saw Slight Decline in Revenue as PEP Fell 7%

Firm chair Brad Karp said a decline in headcount was a consequence of "not over-hiring," and as associates left in the lateral market last year, the firm chose not to replace them.
7 minute read
March 20, 2023 | Legaltech News

The 2023 Legalweek Leaders in Tech Law Awards Winners Are Here!

Law.com and Legaltech News are proud to announce this year's winners for the Legalweek Leaders in Tech Awards, celebrating the achievements of law firms, legal departments and vendors leading the legal profession into the future through technology and innovation.
14 minute read
March 16, 2023 | Insurance Coverage Law Center

Federal Ins. Co. v. Neice

The Supreme Court of Appeals of West Virginia found that the decedent was, in fact, an employee of Dana Mining Company, meaning the "Employer's Liability" exclusion in the company's liability policy precluded coverage for a wrongful death suit brought by the decedent's widow.
37 minute read
March 13, 2023 | New York Law Journal

Proving Market Realities Is Crucial in Antitrust Merger Litigation

As shown in recent cases, parties successfully have fought off merger challenges in court when they can show that the government's theoretical antitrust case is not supported by market realities. Demonstrating market realities is critical to both the government and the parties in antitrust merger litigation.
9 minute read
March 11, 2023 | The Legal Intelligencer

New Partners 2023

The Legal Intelligencer congratulates the new class of partners for 2023.
47 minute read
March 06, 2023 | Insurance Coverage Law Center

Yates v. Symetra Life Ins. Co.

The judges of the Eighth Circuit affirmed a district court decision finding a man's death due to heroin overdose was not excluded by an "intentionally self-inflicted injury" clause, and his widow was not subject to an "exhaustion of internal review procedures" clause because the procedures weren't described in the policy.
21 minute read
March 02, 2023 | New Jersey Law Journal

New Partners Yearbook 2023

Congratulations to these new partners, made and hired laterally over the past year.
52 minute read
February 21, 2023 | The American Lawyer

Deal Watch: Davis Polk, Simpson, Jones Day and Latham Lead Debt Offering Charge

In the last week, Big Law handled a rash of debt offerings and SPAC combinations, as dealmakers focus on the work that is available.
9 minute read
February 13, 2023 | New Jersey Law Journal

What Did You Call Me? Chasing Away Unchaste Claims

While defamatory speech is not protected speech under the First Amendment, it is long past time that our courts discard the fourth category of per se defamation that turns on the sex of the target of the offending statements.
8 minute read

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