February 12th, 2024|

CGL’s JD Scholten, who is also an Iowa state representative, organized a letter from all 36 Iowa Democratic state lawmakers to the FTC and DOJ asking for a review of Koch Industries’ plans to purchase a fertilizer plant in the state.

Lawmakers are highlighting potential harm to workers from Koch Industries Inc.‘s $3.6 billion acquisition of a fertilizer plant, and calling upon the Federal Trade Commission, the Justice Department, and Iowa Attorney General Brenna Bird (R) to examine how the purchase could further entrench Koch’s market power, posing the risk of not only higher fertilizer prices but also job losses.

Consolidation in agriculture is “squeezing farmers, it’s suppressing workers, and consumers are having to pay the most they ever have for groceries,” said Iowa State Rep. J.D. Scholten (D), who spearheaded a letter to the agencies on Feb. 5. “We as a society need to start judging some of these mergers.”

Link to Bloomberg Article

pdf of Article

January 12th, 2024|

California Court of Appeals Rejects Gilead’s Mischaracterization of Plaintiffs’ Negligence Claim

An important decision was reached on January 9, 2024 by the California Court of Appeal in Gilead Tenofovir Cases, in which Cuneo Gilbert & LaDuca, LLP, along with its partner firms and other plaintiff firm groups, represent thousands of clients suing Gilead Life Sciences, Inc. for marketing HIV medication it had to know was more dangerous than medication it had simultaneously developed.  The Court upheld the trial court’s ruling that Gilead could be taken to trial on a theory of negligence, a claim which Gilead sought to remove from the case via summary judgement.

The Court carefully and repeatedly rejected Gilead’s mischaracterization of plaintiffs’ negligence claim and specifically rejected the notion that liability associated with the use of a product requires said product to be defective.  It ruled that “although moral blame ‘can be difficult to assess in the absence of a factual record,’ we conclude based on the considerations above that negligence in a decision that deprives people of a safer drug and leaves them reliant on a more dangerous drug is morally blameworthy.”  (Internal cites omitted).  It added that manufacturers are “simply [required] to act with reasonable care for the users of the existing drug when the manufacturer has developed an alternative that it knows is safer and at least equally efficacious.”

As the Gilead Tenofovir Cases move forward, CGL is exited to continue the fight to get justice for our clients.

January 11th, 2024|

Amanda Lewis Quoted in ‘Inside US Trade’

CGL’s Amanda Lewis is quoted in Inside US Trade’s coverage of a press briefing organized by Rethink Trade, attended by Rep. Jan Schakowsky (D-IL) on Jan 10th.

Schakowsky, ranking member of the House Energy and Commerce innovation, data and commerce subcommittee, praised the move by the Office of the U.S. Trade Representative last year to withdraw U.S. support from proposals on data flows, data localization, source code and nondiscrimination in the plurilateral World Trade Organization negotiations on e-commerce.

Countering the opposition this decision has drawn from large business groups, and some members of Congress, who argue that such rules are integral to how businesses operate, Ms Lewis notes that members of ROCC, the coalition she founded to protect online sellers, rely on Amazon or other large e-commerce platforms for their businesses and, accordingly, support provisions that enforce “fair play”.

Link to full article

pdf of article

December 2nd, 2023|

Forbes & Fortune Magazine: A Distinctive Approach

Cuneo Gilbert & LaDuca is to be featured in Forbes & Fortune Magazine this February. Firm Chairman, Charles LaDuca highlights some of the firm’s most high profile cases, including Joe Camel, and Enron and identifies the distinctive “civility and grit” that allows us to succeed against “powerful opponents”, that include some of the largest U.S corporations.  “We pride ourselves on being unrelentingly civil in our dealings, deeply persuasive in our arguments, and stubbornly tenacious in our work ethic,” LaDuca says. “We love fighting on for our clients, both in court and on Capitol Hill.”

AS SEEN IN : Forbes & Fortune Magazine

 

November 2nd, 2023|

Amanda Lewis Quoted In Politico: “Four things we just learned from the (un)redactions in the FTC’s Amazon lawsuit”

Amanda Lewis is quoted in Josh Sisco’s analysis of the FTC complaint against Amazon after a new version was filed. “When the FTC filed its sprawling antitrust lawsuit against Amazon in September, more than a third of it was redacted, making the 172-page complaint a quick read. A new version was filed Thursday, with far fewer black lines”.

Link to full article

November 2nd, 2023|

CGL Lawyers Among AAI Antitrust Enforcement Awards 2023 Honorees

Pamela Gilbert was inducted into the AAI Hall of Fame.

Blaine Finley, Joel Davidow, and the late Jonathan Cuneo were recognized in the category ‘Outstanding antitrust litigation achievement in private practice law’ for their work on Olean Wholesale Foods Inc. v. Bumble Bee Foods Inc.

AAI Announcement 

October 21st, 2023|

Pamela Gilbert quoted In National Consumers League article applauding the CPSC’s vote on a historic table saw safety rule.

Pamela Gilbert was quoted In National Consumers League article applauding the US Consumer Product Safety Commission’s historic safety ruling that would impose a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year.

“The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

Link to full article

 

October 13th, 2023|

CGL listed as a leading law firm in three categories in the Antitrust Annual Report

Cuneo Gilbert & LaDuca LLP continues to be one of the top antitrust law firms in the country, and is ranked among the leading firms in three categories:

  • Top 50 Cases with Settlements Reaching Final Approval 2009-2022
  • Top 25 Lead Counsel in Complaints Filed
  • Top 25 Lead Counsel in Number of Settlements

PDF of Antitrust Annual Report

 

October 11th, 2023|

Final Approval Granted for Settlement in Fusion Elite All Stars et al. v. Varsity Brands, LLC

On October 4, 2023, Chief Judge Sheryl H. Lipman of the Western District of Tennessee granted final approval of the settlement reached in Fusion Elite All Stars et al. v. Varsity Brands, LLC et al., Case No. 2:20-cv-02600-SHL-cgc  (W.D. Tenn.). The settlement achieves monetary relief of $43.5 million, along with significant structural reforms to Varsity Defendants’ and Defendant USASF’s practices.  The lawsuit involved allegations that the Varsity Defendants monopolized the All Star Cheer competition market and conspired with Defendant USASF to achieve that monopoly. The settlement will reimburse classes consisting of All Star gyms who attended Varsity’s competitions, and spectators at Varsity’s All Star competitions, all over the country. The settlement had no objectors. The Court found that notice was successful, that the allocation plan was fair and reasonable and that the settlement met the Rule 23(e)(2) factors. In granting final approval of the settlement Chief Judge Lipman commented that:

“There is no question as to the skill and efficiency of Class Counsel for the DPPs have demonstrated their experience and capability in prosecuting antitrust class actions; they have dedicated millions of dollars and spent a significant amount of time in and out of the courtroom litigating on behalf of the proposed Settlement Classes for nearly three years. All attorneys have handled matters with extreme professionalism, expediency, and competency”.

The Court also certified the Gym and Spectator settlement classes and certified Cuneo Gilbert & LaDuca, LLP, Berger Montague PC and Dicello Levitt LLP as Co-Lead Counsel for the Settlement Classes. CGL takes great pride in the resolution of this hard-fought case.

October 2nd, 2023|

Amanda Lewis on The Intercept Deconstructed – The Feds Take Big Tech To Court

CGL’s Amanda Lewis appeared on the Deconstructed Podcast with The Intercepts’s Ryan Grim.  The episode breaks down the antitrust lawsuits the federal government has brought against Google and Amazon, and the anticompetitive monopolistic practices on trial. In Grim’s words “It was years in the making, but the showdown over corporate power is now underway”.

The Intercept: The Feds Take Big Tech To Court

The Intercept: Amazon & Google Are Finally Facing The Music

Listen Here

 

September 29th, 2023|

Case Update: Gilead

Plaintiffs in our sister case at the federal level survived summary judgment, with the court declining to rule out most of the claims brought.  Design defect claims for plaintiffs in 41 states survived both preemption and summary judgment, with another two to be ruled on.  Claims regarding negligence pre-approval failures to warn also survived, along with associated implied warranty and consumer protection statute actions.  While this ruling does not directly affect the California-state case CGL and its partners are litigating, the decision complements the motion for summary judgment that plaintiffs won on the state level (which Gilead is currently appealing) and is another indication of the strength of plaintiffs’ position in these litigations.

September 27th, 2023|

American Antitrust Institute Announces Pamela Gilbert as 2023 Private Antitrust Enforcement Hall of Fame Inductee

The American Antitrust Institute (AAI) has announced Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.

The AAI noted that “Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies.”

“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”

Link to AAI Website

 

February 12th, 2024|

CGL’s JD Scholten, who is also an Iowa state representative, organized a letter from all 36 Iowa Democratic state lawmakers to the FTC and DOJ asking for a review of Koch Industries’ plans to purchase a fertilizer plant in the state.

Lawmakers are highlighting potential harm to workers from Koch Industries Inc.‘s $3.6 billion acquisition of a fertilizer plant, and calling upon the Federal Trade Commission, the Justice Department, and Iowa Attorney General Brenna Bird (R) to examine how the purchase could further entrench Koch’s market power, posing the risk of not only higher fertilizer prices but also job losses.

Consolidation in agriculture is “squeezing farmers, it’s suppressing workers, and consumers are having to pay the most they ever have for groceries,” said Iowa State Rep. J.D. Scholten (D), who spearheaded a letter to the agencies on Feb. 5. “We as a society need to start judging some of these mergers.”

Link to Bloomberg Article

pdf of Article

January 12th, 2024|

California Court of Appeals Rejects Gilead’s Mischaracterization of Plaintiffs’ Negligence Claim

An important decision was reached on January 9, 2024 by the California Court of Appeal in Gilead Tenofovir Cases, in which Cuneo Gilbert & LaDuca, LLP, along with its partner firms and other plaintiff firm groups, represent thousands of clients suing Gilead Life Sciences, Inc. for marketing HIV medication it had to know was more dangerous than medication it had simultaneously developed.  The Court upheld the trial court’s ruling that Gilead could be taken to trial on a theory of negligence, a claim which Gilead sought to remove from the case via summary judgement.

The Court carefully and repeatedly rejected Gilead’s mischaracterization of plaintiffs’ negligence claim and specifically rejected the notion that liability associated with the use of a product requires said product to be defective.  It ruled that “although moral blame ‘can be difficult to assess in the absence of a factual record,’ we conclude based on the considerations above that negligence in a decision that deprives people of a safer drug and leaves them reliant on a more dangerous drug is morally blameworthy.”  (Internal cites omitted).  It added that manufacturers are “simply [required] to act with reasonable care for the users of the existing drug when the manufacturer has developed an alternative that it knows is safer and at least equally efficacious.”

As the Gilead Tenofovir Cases move forward, CGL is exited to continue the fight to get justice for our clients.

January 11th, 2024|

Amanda Lewis Quoted in ‘Inside US Trade’

CGL’s Amanda Lewis is quoted in Inside US Trade’s coverage of a press briefing organized by Rethink Trade, attended by Rep. Jan Schakowsky (D-IL) on Jan 10th.

Schakowsky, ranking member of the House Energy and Commerce innovation, data and commerce subcommittee, praised the move by the Office of the U.S. Trade Representative last year to withdraw U.S. support from proposals on data flows, data localization, source code and nondiscrimination in the plurilateral World Trade Organization negotiations on e-commerce.

Countering the opposition this decision has drawn from large business groups, and some members of Congress, who argue that such rules are integral to how businesses operate, Ms Lewis notes that members of ROCC, the coalition she founded to protect online sellers, rely on Amazon or other large e-commerce platforms for their businesses and, accordingly, support provisions that enforce “fair play”.

Link to full article

pdf of article

December 2nd, 2023|

Forbes & Fortune Magazine: A Distinctive Approach

Cuneo Gilbert & LaDuca is to be featured in Forbes & Fortune Magazine this February. Firm Chairman, Charles LaDuca highlights some of the firm’s most high profile cases, including Joe Camel, and Enron and identifies the distinctive “civility and grit” that allows us to succeed against “powerful opponents”, that include some of the largest U.S corporations.  “We pride ourselves on being unrelentingly civil in our dealings, deeply persuasive in our arguments, and stubbornly tenacious in our work ethic,” LaDuca says. “We love fighting on for our clients, both in court and on Capitol Hill.”

AS SEEN IN : Forbes & Fortune Magazine

 

November 2nd, 2023|

Amanda Lewis Quoted In Politico: “Four things we just learned from the (un)redactions in the FTC’s Amazon lawsuit”

Amanda Lewis is quoted in Josh Sisco’s analysis of the FTC complaint against Amazon after a new version was filed. “When the FTC filed its sprawling antitrust lawsuit against Amazon in September, more than a third of it was redacted, making the 172-page complaint a quick read. A new version was filed Thursday, with far fewer black lines”.

Link to full article

November 2nd, 2023|

CGL Lawyers Among AAI Antitrust Enforcement Awards 2023 Honorees

Pamela Gilbert was inducted into the AAI Hall of Fame.

Blaine Finley, Joel Davidow, and the late Jonathan Cuneo were recognized in the category ‘Outstanding antitrust litigation achievement in private practice law’ for their work on Olean Wholesale Foods Inc. v. Bumble Bee Foods Inc.

AAI Announcement 

October 21st, 2023|

Pamela Gilbert quoted In National Consumers League article applauding the CPSC’s vote on a historic table saw safety rule.

Pamela Gilbert was quoted In National Consumers League article applauding the US Consumer Product Safety Commission’s historic safety ruling that would impose a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year.

“The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

Link to full article

 

October 13th, 2023|

CGL listed as a leading law firm in three categories in the Antitrust Annual Report

Cuneo Gilbert & LaDuca LLP continues to be one of the top antitrust law firms in the country, and is ranked among the leading firms in three categories:

  • Top 50 Cases with Settlements Reaching Final Approval 2009-2022
  • Top 25 Lead Counsel in Complaints Filed
  • Top 25 Lead Counsel in Number of Settlements

PDF of Antitrust Annual Report

 

October 11th, 2023|

Final Approval Granted for Settlement in Fusion Elite All Stars et al. v. Varsity Brands, LLC

On October 4, 2023, Chief Judge Sheryl H. Lipman of the Western District of Tennessee granted final approval of the settlement reached in Fusion Elite All Stars et al. v. Varsity Brands, LLC et al., Case No. 2:20-cv-02600-SHL-cgc  (W.D. Tenn.). The settlement achieves monetary relief of $43.5 million, along with significant structural reforms to Varsity Defendants’ and Defendant USASF’s practices.  The lawsuit involved allegations that the Varsity Defendants monopolized the All Star Cheer competition market and conspired with Defendant USASF to achieve that monopoly. The settlement will reimburse classes consisting of All Star gyms who attended Varsity’s competitions, and spectators at Varsity’s All Star competitions, all over the country. The settlement had no objectors. The Court found that notice was successful, that the allocation plan was fair and reasonable and that the settlement met the Rule 23(e)(2) factors. In granting final approval of the settlement Chief Judge Lipman commented that:

“There is no question as to the skill and efficiency of Class Counsel for the DPPs have demonstrated their experience and capability in prosecuting antitrust class actions; they have dedicated millions of dollars and spent a significant amount of time in and out of the courtroom litigating on behalf of the proposed Settlement Classes for nearly three years. All attorneys have handled matters with extreme professionalism, expediency, and competency”.

The Court also certified the Gym and Spectator settlement classes and certified Cuneo Gilbert & LaDuca, LLP, Berger Montague PC and Dicello Levitt LLP as Co-Lead Counsel for the Settlement Classes. CGL takes great pride in the resolution of this hard-fought case.

October 2nd, 2023|

Amanda Lewis on The Intercept Deconstructed – The Feds Take Big Tech To Court

CGL’s Amanda Lewis appeared on the Deconstructed Podcast with The Intercepts’s Ryan Grim.  The episode breaks down the antitrust lawsuits the federal government has brought against Google and Amazon, and the anticompetitive monopolistic practices on trial. In Grim’s words “It was years in the making, but the showdown over corporate power is now underway”.

The Intercept: The Feds Take Big Tech To Court

The Intercept: Amazon & Google Are Finally Facing The Music

Listen Here

 

September 29th, 2023|

Case Update: Gilead

Plaintiffs in our sister case at the federal level survived summary judgment, with the court declining to rule out most of the claims brought.  Design defect claims for plaintiffs in 41 states survived both preemption and summary judgment, with another two to be ruled on.  Claims regarding negligence pre-approval failures to warn also survived, along with associated implied warranty and consumer protection statute actions.  While this ruling does not directly affect the California-state case CGL and its partners are litigating, the decision complements the motion for summary judgment that plaintiffs won on the state level (which Gilead is currently appealing) and is another indication of the strength of plaintiffs’ position in these litigations.

September 27th, 2023|

American Antitrust Institute Announces Pamela Gilbert as 2023 Private Antitrust Enforcement Hall of Fame Inductee

The American Antitrust Institute (AAI) has announced Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.

The AAI noted that “Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies.”

“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”

Link to AAI Website

 

September 26th, 2023|

Watch Amanda Lewis on Bloomberg Markets Close: FTC Sues Amazon

CGL’s Amanda Lewis analyses the Federal Trade Commission’s case against Amazon, arguing that the FTC is on “strong ground”, with the case focussing on harm caused to consumers, a traditional approach to anti-trust law.

 

August 8th, 2023|

Cuneo Gilbert & LaDuca, LLP (CGL) is pleased to announce that Michael J. Flannery and A. Blaine Finley are new partners in our growing law practice.

“As we mourn the recent loss of our founding partner, Jonathan W. Cuneo, we continue to follow his blueprint for growing our firm,” said Charles J. LaDuca, Chairman of the Washington, DC-based law firm.  “Mike and Blaine have been successfully fighting for our clients’ interests for a number of years and deeply deserve to join our partnership.”

Michael J. Flannery joined CGL in 2012 and has forcefully litigated cases spanning a wide range of the firm’s practice areas.  Mike and his teams have recovered more than one billion dollars for unfairly treated workers, consumers of defective products, and victims of securities and other frauds.

Blaine Finley joined CGL in 2016 and focuses his practice on plaintiff side antitrust class action lawsuits.  Among others, he is prosecuting cases alleging price fixing and other horizontal anticompetitive conduct in the packaged seafood, pork, turkey, beef and fragrance product markets.  Blaine and his team have recovered in excess of $50 million on behalf of a certified class of restaurants and other small businesses in his ongoing pork antitrust matter.  Asserted treble damages in his ongoing cases exceed one billion dollars.

Full Press Release

 

 

 

 

 

July 28th, 2023|

With profound regret, CGL announces the passing of founding partner Jonathan W. Cuneo.

“Throughout his career, Jon advanced and defended the rights of consumers, investors, small businesses and others aggrieved by powerful parties or institutions and that mission continues,” said Charles J. LaDuca, Chairman of the Washington, DC based law firm and a leading litigator
of class action lawsuits on behalf of consumers and homeowners harmed by defective products and materials.

Early in his career, with his Columbia University BA and Cornell University JD, Jon clerked for Judge Edward Tamm of the U.S. District Court of Appeals for the District of Columbia, a leading force in the protection of defendants’ rights. Next, Jon served as a Federal Trade Commission attorney and, then, counsel to the U.S. House Judiciary Committee under legendary chairman Peter Rodino (D-NJ). As he developed his private practice founded in 1988, Jon was Washington Counsel on several ground-breaking civil actions including one of the first against “big tobacco” and the largest securities fraud case to-date.

In the “Joe Camel” case, argued in California state courts and successfully settled in 1997, Jon and the litigation team revealed that the R.J. Reynolds Tobacco Company’s advertising campaign was specifically targeting underage children with its promotional cartoon character. For his role, Congressman Henry Waxman (D-CA) called Jon a “real American hero.”

On behalf of thousands of defrauded investors in Enron Corp., Jon and the litigation team recovered more than $7 billion in federal court in 2009. It remains the largest settlement of its kind.

As Jon’s firm grew to become CGL, in one of its most noteworthy cases as lead counsel, it represented Hungarian Holocaust survivors seeking restitution and an accounting from the U.S. Government for personal property seized from the Jewish community by the Hungarian Nazi government and shipped toward Germany on the “Gold Train” during the closing days of World War II. Intercepted by U.S. Army units in Austria, the train was looted. Following five years of litigation, CGL recovered $25.5 million in 2005 from the U.S. Government and won an apology for the conduct of the U.S. Army from the George W. Bush Administration.

“In addition to CGL, Jon co-founded the Committee to Support Antitrust Laws, the American Antitrust Institute and the National Association of Shareholder and Consumer Attorneys, reflecting his devotion to protecting and strengthening rights to a fair and competitive marketplace,” explained Pamela Gilbert, CGL partner and a well-known consumer rights proponent and government affairs counselor. “Jon’s roles as a leader in the bar and a role model for younger lawyers cements a legacy that will last for decades to come.”

“Although Jon will be sorely missed, we carry on with his work as he wished,” CGL chairman LaDuca added. “To honor Jon’s unique achievements and legacy, our firm’s name will remain unchanged,”

 

Washington Post: Jonathan Cuneo, antitrust lawyer who fought for consumers, dies at 70.

Full Press Release

 

July 26th, 2023|

Message from Firm Chairman

With profound sadness, I regret to report that early this morning our dear colleague, friend and mentor to many, Jon Cuneo, passed away at his home in Martha’s Vineyard.

Jon was in comfort. Jon was not in pain, and was with his family.

Jon fought his cancer battle with the resilience, stubbornness and courage that defined him.

We will all miss him dearly.

If you have any questions, please reach out to Pam Gilbert or myself.

With my deepest condolences,

Charles LaDuca

July 20th, 2023|

Amanda Lewis Quoted in CTFN Analysis: “With FTC challenge of ACI/KR likely, various theories of harm possible”

Amanda Lewis is quoted in Alex Wilt’s analysis of the FTC’s likely challenge of Kroger’s proposed acquisition of Albertsons, the agency appears poised to raise theories of harm that it traditionally has not pursued in previous supermarket merger cases.

June 2nd, 2023|

CGL supports the Raising The Bar campaign, providing essential legal services to the D.C. Area

Civil legal services are essential for District residents. That’s why we’re proud to support the D.C. Access to Justice Commission and be recognized by the Raising the Bar in DC campaign for our financial support to DC legal services organizations.

About the Raising the Bar in D.C.Campaign

To meet the urgent need for increased funding for legal services, the D.C. Access to Justice Commission formally launched the Raising the Bar in D.C. Campaign in December 2010, with the endorsement of the D.C. Bar Foundation and the D.C. Bar. The Campaign’s goal is to substantially increase financial support to the District’s legal services community by establishing benchmarks for law firm giving and annually recognizing and celebrating those firms that have donated at benchmark levels.

The campaign is critical to addressing the civil legal needs of D.C.’s most vulnerable communities, helping ensure low-income neighbors facing life-altering events such as eviction, the loss of public benefits, domestic abuse, and consumer fraud have access to free, expert legal assistance.

Letter of recognition of support

Raising The Bar Website

May 27th, 2023|

Jonathan Cuneo testifies before the Maine Legislature Judiciary Committee on Bill addressing marketing of firearms to minors

On May 17 2023, Jonathan Cuneo appeared before the Maine Legislature to give testimony on H.P 1085, An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms.

Citing his experience successfully litigating youth targeting in the case of Joe Camel, and the role that civil litigation can play in clearing the way for legislation, Cuneo urged the Committee to ‘look favorably on this provision of the Bill’.

Link to pdf of full testimony

 

May 22nd, 2023|

Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation

On May 22, 2023, Judge Chesney denied in full Defendants NHK’s and TDK’s Motion for Partial Summary Judgment Regarding Foreign Commerce, which sought dismissal of nearly all of the Class Plaintiffs’ claims, based on the Foreign Trade Antitrust Improvements Act (“FTAIA”), the dormant Commerce Clause and a number of the state statutes pursuant to which Plaintiffs sought damages. Defendants argued that Class Plaintiffs’ claims were barred because the Suspension Assemblies at issue were initially sold abroad and not shipped to the U.S. by Defendants, and thus constituted foreign commerce. Defendants also argued that the state laws under which Class Plaintiffs sought damages did not extend to the sales of Defendants’ Suspension Assemblies, or conduct outside of those particular states. The Court rejected these arguments finding that Plaintiffs’ claims were not barred under the FTAIA, and were cognizable under the state laws.

Order Denying Motion for Summary Judgment on FTAIA

Hard Disk Drive Suspension Assemblies Antitrust Litigation

May 19th, 2023|

Court denies petition to appeal CGL’s successful class certification in Pork Litigation

The Eighth Circuit has denied a petition by defendants to appeal CGL’s successful certification of a class composed of commercial food preparers in a lawsuit alleging anticompetitive conduct in the pork industry.  The commercial food preparer class represented by CGL remains certified, and we are preparing for a trial.

CGL partner and co-lead counsel Blaine Finley briefed and argued the motion for class certification before the district court.

PDF of court decision

Pork Antitrust Litigation

April 26th, 2023|

CGL Attorneys Join Distinguished Panelists at the American Economic Liberties Project Anti-Monopoly Summit

On May 4, two CGL attorneys, Victoria Sims and Amanda Lewis, joined distinguished panelists and speakers, including FTC Chair Lina Khan, Assistant Attorney General Jonathan Kanter and Senator Amy Klobuchar, at the American Economic Liberties Project Anti-Monopoly Summit, in Washington, DC. The panels included private and public sector enforcers, policymakers and members of the business community, discussing the issues and challenges involved in tackling dominant firms in today’s marketplace. Ms. Sims sat alongside public sector enforcers Brian Young and Chris D’Angelo, and General Counsel of National Community Pharmacists Association Matt Seiler, on the Access to Justice panel, which discussed questions surrounding the pursuit of litigation against dominant corporations. Ms. Lewis spoke in her capacity as Director of U.S. competition Policy for the Responsible Online Commerce Coalition (ROCC) on the Access to Markets: Opposing Power Buyers panel, alongside Chris Jones, Max Miller, Antonio Ciaccia and Kathryn Judge. The panel addressed policy issues concerning abuse of buyer power by companies like Amazon.

Summit Website

April 17th, 2023|

LAW360: JBS Reaches $25M Beef Price Fixing Deal With Indirect Buyers

“JBS USA Food Co. Has agreed to pay $25 million to settle claims filed by a class of indirect beef product purchasers accusing the meat processing giant of participating in a nationwide scheme to constrain the supply of beef products and drive up prices according to a Minnesota federal court filing. ”

CGL represents a class of small businesses that claim they were injured by the alleged scheme to drive up the price of beef.

Link to article | pdf version

 

 

April 13th, 2023|

CGL’s Charles Tiefer quoted and cited in New York District Attorney Alvin Bragg’s complaint against Jim Jordan.

The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office’s criminal case against former President Donald J. Trump.

“There hasn’t been a subpoena enforcement against a state attorney general in 200 years . . . and there’s an excellent reason. State Attorneys General have their own state sovereign authority. They are frequently elected. They have their own base, their own electoral base, their own mission, and their mission is to pursue things that Congress can’t.”

New York Times – Bragg Sues Jim Jordan in Move to Block Interference in Trump Case

PDF of full complaint – Tiefer quoted on p6

March 29th, 2023|

Pork Antitrust Litigation – CGL Wins Certification of Food Preparer Class

On March 29, 2023, CGL won certification of a damages class composed of commercial food preparers, such as restaurants, that purchased pork in 27 states and the District of Columbia along with a nationwide injunctive class in In re Pork Antitrust Litigation, No. 18-cv-1776. Following In re Packaged Seafood Products Antitrust Litigation, No. 15-md-2670, this marks the second time that CGL has achieved contested class certification on behalf of a food preparer class in an antitrust matter.

CGL partner and co-lead counsel Blaine Finley briefed and argued the group’s motion for class certification and Daubert opposition.

Court Memorandum in full

 

LET’S WORK TOGETHER

CGL is currently engaged in dozens of cases from product defect class actions to antitrust litigation to civil rights advocacy.

If you feel we could represent you in any of our current cases or in a new case, we would love to hear from you.