News & Analysis as of November 17, 2024

Supreme Court of the United States › Price-Fixing

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Dechert Re:Torts - Issue 17

Dechert LLP on 7/1/2024

Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

The Sea of Tuna Decisions: Key Takeaways for Regression Analysis at Class Certification

Ankura on 1/24/2024

On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more

No Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to...

McCarter & English Blog: Government Contracts... on 5/22/2023

Most experienced contractors have a healthy fear of the various types of fraud claims: False Claims Act, federal and state wire and mail fraud, common law fraud, etc. They know that enforcement authorities are always looking...more

Ninth Circuit Holds That Statistical or “Representative” Evidence Can Establish Predominance, But Vacates Order Certifying Class...

King & Spalding on 5/6/2021

On April 6, 2021, the Ninth Circuit for the first time addressed a plaintiff’s burden to show predominance at the class certification stage. In Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the court joined the...more

Of Tuna Price-Fixing Conspiracies, Econometric Regressions, and the Ninth Circuit’s Latest Guidance on Class Certification

Foley & Lardner LLP on 4/16/2021

Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more

Arbitration carve outs: Will the exception swallow the rule?

Eversheds Sutherland (US) LLP on 6/24/2020

In a closely watched case on the construction of arbitration clauses, the US Supreme Court granted certiorari to review Schein v. Archer & White Sales, Inc. on June 15, 2020. The Petitioner, Henry Schein, Inc., (Henry Schein)...more

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 7/3/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

Latham & Watkins LLP on 6/29/2018

The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

U.S. Supreme Court Clarifies Rules Governing Proof of Foreign Law

King & Spalding on 6/28/2018

International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more

The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

Jones Day on 6/27/2018

The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more

In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

Perkins Coie on 6/20/2018

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under...more

Supreme Court Rejects Absolute Deference to Foreign Government’s Interpretation of Own Laws

Dechert LLP on 6/19/2018

In Animal Science Products v. Hebei Welcome Pharmaceutical Co., the Supreme Court of the United States held that foreign governments are not entitled to absolute deference on the construction of their own laws. The Court’s...more

Unanimous U.S. Supreme Court Limits Deference to Foreign Government Legal Views

Alston & Bird on 6/19/2018

Rejecting an earlier appellate case that allowed Chinese companies to escape liability in the United States for allegations of price fixing because their government said it was not illegal under Chinese law, the U.S. Supreme...more

U.S. Supreme Court Rejects Second Circuit’s Conclusive Reliance on Chinese Interpretation of its Own Law

Holland & Knight LLP on 6/18/2018

Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims...more

Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling

McDermott Will & Emery on 6/18/2018

Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a nation...more

Supreme Court: Foreign Government Submissions Are Not Binding on US Courts

A&O Shearman on 6/15/2018

On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government’s interpretation of its own law is not binding on U.S. courts....more

The Supreme Court - June 14, 2018

Dorsey & Whitney LLP on 6/15/2018

The Supreme Court of the United States issued two decisions today: Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., No. 16-1220: Petitioner Animal Science Products and other U.S.-based purchasers of...more

Supreme Court Decides Animal Science Products v. Hebei Welcome Pharmaceuticals

Faegre Drinker Biddle & Reath LLP on 6/15/2018

On June 14, 2018, the Supreme Court of the United States decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220, holding that a federal court determining foreign law under Fed. R. Civ. P....more

Supreme Court Rules That Federal Courts Are Not Bound to Give Conclusive Effect to Foreign Governments’ Statements About Their...

Proskauer - Corporate Defense and Disputes on 6/14/2018

The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.

Dorsey & Whitney LLP on 4/9/2018

On April 24, 2018, the Supreme Court of the United States will hear arguments on the issue of whether a court may exercise independent review of the meaning of a foreign country’s domestic law, or whether a court is “bound to...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

Skadden, Arps, Slate, Meagher & Flom LLP on 1/26/2018

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

US Supreme Court to Hear International Case Involving Alleged Price Fixing

Morgan Lewis on 1/25/2018

Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

Holland & Knight LLP on 1/18/2018

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

Holland & Knight LLP on 7/8/2017

The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

Patterson Belknap Webb & Tyler LLP on 1/17/2017

Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more

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Supreme Court of the United States › Price-Fixing

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