Recent Law Watch ResultsLoislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys. sherman act - sherman actIN RE AMERICAN EXPRESS MERCHANTS' LITIGATION, 06-1871-cv (2nd Cir. 2-1-2012) No. 06-1871-cv Decided February 1, 2012 This case returned to us from the Supreme Court, with our judgment vacated and the case remanded for reconsideration in light of Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758 (2010). Shortly after we issued our decision in In re American Express Merchants' Litigation, 634 F.3d 187 (2d Cir. 2011), the Supreme Court addressed the issue of class-action waivers in AT~amp~T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). As we find neither Stolt-Nielsen nor Concepcion counsels us to ... We turn to this case for the third time, as the Supreme Court released its latest views on class arbitration waivers in AT~amp~T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), just weeks after we issued our decision in In re American Express Merchants' Litigation,... clayton act - clayton act IN RE AMERICAN EXPRESS MERCHANTS' LITIGATION, 06-1871-cv (2nd Cir. 2-1-2012) No. 06-1871-cv Decided February 1, 2012 This case returned to us from the Supreme Court, with our judgment vacated and the case remanded for reconsideration in light of Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758 (2010). Shortly after we issued our decision in In re American Express Merchants' Litigation, 634 F.3d 187 (2d Cir. 2011), the Supreme Court addressed the issue of class-action waivers in AT~amp~T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). As we find neither Stolt-Nielsen nor Concepcion counsels us to ... We turn to this case for the third time, as the Supreme Court released its latest views on class arbitration waivers in AT~amp~T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), just weeks after we issued our decision in In re American Express Merchants' Litigation,... clayton act - clayton act COMPUCREDIT CORPORATION v. GREENWOOD 10?948 (U.S. 1-10-2012) No. 10-948 January 10, 2012 October 11, 2011 This provision establishes "a liberal federal policy favoring arbitration agreements." Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U. S. 1, 24 (1983). See also, e.g., Concepcion, supra, at ___ (slip op., at 4); Gilmer v. Interstate/Johnson Lane Corp., 500 U. S. 20, 25 (1991). It requires courts to enforce agreements to arbitrate according to their terms. See Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 221 (1985). That is the case even when the claims at issue are federal ... That statute regulates the practices of credit repair organizations, defined as certain entities that offer services for the purpose of "(i) improving any consumer's credit record, credit history, or credit rating; or (ii) providing advice or assistance to any consumer with regard to... sherman act - sherman act VERIZON N.Y. v. OPTICAL COMMUNICATIONS GROUP, 4598 [1st Dept 12-1-2011] 4598. Decided on December 1, 2011. Defendant Optical Communications Group, Inc. (OCG) is a telecommunications service provider that competes directly with Verizon. In or about July 1998, OCG and Verizon entered into a "Conduit Occupancy Agreement" (the agreement) giving OCG the right to lease space in Verizon's conduit network in which to run its own infrastructure. The agreement required OCG to pay Verizon, within 30 days of billing, monthly conduit occupancy rental fees that were to be determined by a schedule filed with the Public ... donnelly act - donnelly act VERIZON N.Y. v. OPTICAL COMMUNICATIONS GROUP, 4598 [1st Dept 12-1-2011] 4598. Decided on December 1, 2011. Defendant Optical Communications Group, Inc. (OCG) is a telecommunications service provider that competes directly with Verizon. In or about July 1998, OCG and Verizon entered into a "Conduit Occupancy Agreement" (the agreement) giving OCG the right to lease space in Verizon's conduit network in which to run its own infrastructure. The agreement required OCG to pay Verizon, within 30 days of billing, monthly conduit occupancy rental fees that were to be determined by a schedule filed with the Public ... sherman act - sherman act ARKANSAS CARPENTERS HEALTH v. BAYER AG, 05-2851-cv (2nd Cir. 9-7-2010) Nos. 05-2851-cv (L), 05-2852-cv (CON), 05-2863-cv (CON).[fn*] Decided: September 7, 2010. This type of settlement, once unheard of, has become increasingly common. This Court has played a significant role in encouraging this unfortunate practice. In In re Tamoxifen Citrate Antitrust Litig., 466 F.3d 187 (2d Cir. 2006), a panel of this Court, over my dissent, held that exclusion payment settlements are lawful unless the branded firm's patent is "shown to have been procured by fraud, or a suit for its enforcement is objectively baseless . . ." Id. at 213. What followed was a dramatic surge in ... donnelly act PEOPLE v. GILMAN, 4800-2009 (7-2-2010) 4800-2009. Decided July 2, 2010. A. Case Overview Page 2 Defendants were executives and employees attached to the Excess Casualty Unit of Marsh Global Broking, a subsidiary of Marsh, Inc., a leading insurance broker. William Gilman was the executive marketing director and Edward J. McNenney was the global placement director for the company. Following a 2004 investigation by the New York State Attorney General ("NYAG"), defendants and six other Marsh Global Broking, Inc. brokers were indicted.[fn4] The indictment charged the defendants ... Most disturbing to the Court is the fact that the very issue arose and was decided during the trial. The prosecution was told to search for files obtained on the civil side and agreed to do Page 7 so. On May 15, 2007 the following exchanges occurred in open court: ("THE COURT: Whether it's in the file by the... clayton act - clayton act WHELAN v. TOUGHMAN, INC., SC09-392 (7-12-2010) SC09-392. Decided July 12, 2010. Brag for the rest of your life!" [fn1] A triathlon is a multi-sport endurance event consisting of swimming, cycling, and running in immediate succession over various distances. Neither regular business relations nor litigation is customarily a component of a triathlon. Thus, this case. This is a small claims action brought against a triathlon organizer for services rendered by the plaintiff to the defendant. The defendant counterclaims claiming plaintiff misappropriated advertising space and apparel, a failure to perform and unfair ... The arrangement between the parties is notable by the absence of any written agreement or any writing at all specifying what plaintiff was to do or how much he would be paid. The plaintiff and the principal officer of the defendant had known each other for about ten years... |