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’.
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.
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.
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.
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.
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
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.
CGL settles monopolization case against Varsity Brands for $43.5 million.
CGL has settled a Section 2 monopolization case against Defendants Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC (collectively, “Varsity”), and U.S. All Star Federation, Inc. (“USASF”) for $43.5 million and filed preliminary approval papers today.
This litigation concerns the All Star Cheer industry and was filed without the aid of any government investigations, based on the initiative of small gyms who wanted change in the industry. In addition to a monetary settlement, the parties negotiated prospective relief that both renders Varsity’s rebate program more competitive and unwinds certain connections between Varsity and USASF.
This settlement was achieved after 2.5 years of hard-fought litigation.
CGL announces proposed settlement in thread count case with Macy’s for $10.5m.
CGL announces that it has entered into an agreement to settle a class action lawsuit commenced in 2017 in the United States District Court for the Southern District of Ohio.
The case is captioned Hawes, et al. v. Macy’s West Stores, Inc., Case No. 1-17-CV-00754 (DRC).
The proposed settlement resolves claims asserted against Macy’s that it overstated thread counts in bedding sheets it sold under different brand names — which conveyed to consumers that the sheets were of a higher quality, and therefore a higher cost. Class members not only ended up with a product other than what they wanted, but also significantly overpaid for what they received.
Under the terms of the proposed settlement, Macy’s will pay $10.5 million.
The final settlement agreement will be subject to approval by the Court.
Charles Tiefer Quoted in NY Times Article – G.O.P. Demands on Prosecutor in Trump Case Test Limits of Oversight Power
WASHINGTON — The demand by House Republicans for information from a local prosecutor in New York about his criminal investigation into former President Donald J. Trump is pushing an already escalating fight over the scope and limits of congressional oversight powers into new territory.
Amanda Lewis’ Senate testimony quoted in Politico.
CGL’s Amanda Lewis is quoted in the article ‘Washington prepares for war with Amazon’.
Politico reports “The Biden administration is planning to take action soon on at least three of its half-dozen investigations of Amazon — moves that could lead to a blitz of litigation to rein in the iconic tech-industry giant”.
Amanda Lewis’ testimony from the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee.
Amanda Lewis testified before the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee. Ms Lewis urged Congress to move quickly to pass both AICOA and OAMA (Open App Markets Act) into law. “Under current law, the deck is stacked in favor of the platforms. That is why Congress should pass legislation to rein in the dominant digital platforms and restore competition to our digital markets”.
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’.
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.
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.
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.
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.
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
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.
CGL settles monopolization case against Varsity Brands for $43.5 million.
CGL has settled a Section 2 monopolization case against Defendants Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC (collectively, “Varsity”), and U.S. All Star Federation, Inc. (“USASF”) for $43.5 million and filed preliminary approval papers today.
This litigation concerns the All Star Cheer industry and was filed without the aid of any government investigations, based on the initiative of small gyms who wanted change in the industry. In addition to a monetary settlement, the parties negotiated prospective relief that both renders Varsity’s rebate program more competitive and unwinds certain connections between Varsity and USASF.
This settlement was achieved after 2.5 years of hard-fought litigation.
CGL announces proposed settlement in thread count case with Macy’s for $10.5m.
CGL announces that it has entered into an agreement to settle a class action lawsuit commenced in 2017 in the United States District Court for the Southern District of Ohio.
The case is captioned Hawes, et al. v. Macy’s West Stores, Inc., Case No. 1-17-CV-00754 (DRC).
The proposed settlement resolves claims asserted against Macy’s that it overstated thread counts in bedding sheets it sold under different brand names — which conveyed to consumers that the sheets were of a higher quality, and therefore a higher cost. Class members not only ended up with a product other than what they wanted, but also significantly overpaid for what they received.
Under the terms of the proposed settlement, Macy’s will pay $10.5 million.
The final settlement agreement will be subject to approval by the Court.
Charles Tiefer Quoted in NY Times Article – G.O.P. Demands on Prosecutor in Trump Case Test Limits of Oversight Power
WASHINGTON — The demand by House Republicans for information from a local prosecutor in New York about his criminal investigation into former President Donald J. Trump is pushing an already escalating fight over the scope and limits of congressional oversight powers into new territory.
Amanda Lewis’ Senate testimony quoted in Politico.
CGL’s Amanda Lewis is quoted in the article ‘Washington prepares for war with Amazon’.
Politico reports “The Biden administration is planning to take action soon on at least three of its half-dozen investigations of Amazon — moves that could lead to a blitz of litigation to rein in the iconic tech-industry giant”.
Amanda Lewis’ testimony from the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee.
Amanda Lewis testified before the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee. Ms Lewis urged Congress to move quickly to pass both AICOA and OAMA (Open App Markets Act) into law. “Under current law, the deck is stacked in favor of the platforms. That is why Congress should pass legislation to rein in the dominant digital platforms and restore competition to our digital markets”.
CGL’s Amanda Lewis testified before the Subcommittee on Competition Policy, Antitrust and Consumer Rights of the Senate Judiciary Committee.
Hearing entitled, Reining in Dominant Digital Platforms: Restoring Competition to Our Digital Markets. Full testimony to follow.
Charles Tiefer publishes expanded Holman Rule essay in The Conversation
How the ‘Holman rule’ allows the House to fast-track proposals to gut government programs without debate or much thought at all.
CGL’s Charles Tiefer writes about the Holman Rule in the Los Angeles Times
The slim Republican majority in the House of Representatives recently voted to give itself a streamlined way to fire civil servants and shut down federal programs it doesn’t like – outside the standard process of review and debate. The Holman Rule lets such actions be attached to appropriation bills. Anything is ripe for cutting with the Holman Rule, from environmental protection agencies to human rights programs to programs for addressing sales of semi-automatic weapons.
CGL’s Amanda Lewis serves as co-founder and Director of U.S. Competition Policy for a new coalition called the Responsible Online Commerce Coalition (ROCC).
ROCC is a trade association for businesses that rely on Amazon and other large online commerce platforms to reach their customers. Founded by leading U.S. and European antitrust experts, ROCC is working to ensure fair play for all businesses that operate in online commerce—from the very smallest third-party sellers to the world’s largest household brands.
Ms. Lewis stated, “Amazon is a vital gateway for both large and small businesses to reach their customers. It is critical that Amazon plays by fair competition rules, rather than rig the game in its favor. Consumers and the economy both win if Amazon is forced to take its heavy thumb off the scale so that businesses can freely compete for customers on the true merits of their products. All we are asking for is a level playing field that is free from rules that distort competition. We are working with policymakers and regulators in the United States and around the world to return the power of choice to consumers through open and fair markets in the digital economy.”
Amazon Is Targeted by Businesses Relying on the Online Retailer to Sell Goods – The Washington Post
CGL Of Counsel Charles Tiefer writes in Forbes.com
CGL Of Counsel Charles Tiefer writes in Forbes.com about the House majority’s efforts to require government employees to hire their own outside lawyers to represent them in upcoming “inquisitions.”
Victoria Sims co-authors amicus brief supporting the District of Columbia’s appeal in its monopoly case against Amazon.
Victoria Sims, Vice Chair of COSAL’s Amicus Committee, co-authored an amicus brief filed on January 30, 2023 in the DC Court of Appeals supporting the District of Columbia’s appeal in its monopoly case against Amazon. Other writers on the brief were Jessica Kahn, at Fine Kaplan and Black, and Kristen Marttila, at Lockridge Grindal Nauen and the amicus committee chair.
COSAL argued that the District of Columbia Superior Court misapplied Twombly and the Rule 8 standard when it held that, because the District had not specifically identified the first-party or third-party sellers who were Amazon’s counterparts in its scheme to eliminate competition in the online sales market through the use of Most-Favored Nations clauses, the complaint was not sufficiently plausible to survive a motion to dismiss. The brief explained that, if allowed to stand, the D.C Superior Court’s ruling will jeopardize both public and private enforcement efforts against powerful monopolists like Amazon, whose sellers avoid confrontations with Amazon at all costs, out of fear for their livelihoods. The brief drew on COSAL members’ expertise representing plaintiffs in private antitrust actions to elaborate on the fear of retaliation that can deter those affected by anticompetitive conduct from coming forward, and discussed evidence in a recent report by the House Judiciary Committee that such fears were particularly well-founded and well-documented with respect to Amazon. The Amazon section of the report was written by CGL partner Amanda Lewis. See Subcommittee on Antitrust, Commercial and Administrative Law of the Committee on the Judiciary, 117th Congress, Investigation of Competition in Digital Markets: Majority Staff Report and Recommendations, 213 (Comm. Print 2022).
COSAL’s amicus brief was written up in a January 31, 2023 Law 360 article describing the amicus briefs supporting reversal of the Superior Court’s dismissal of the District of Columbia’s case.
2023.01.31 Groups Back DC AG Bid To Revive Amazon Antitrust Suit – Law360
DC v Amazon amicus brief (1.30)
Charles Tiefer article on Forbes.com
Charles Tiefer explains the “kamikaze” move that Speaker Kevin McCarthy may need to make in order to avoid a debt default on Forbes.com:
Amanda Lewis Named to the AAI Advisory Board
Amanda Lewis has been named to the American Antitrust Institute’s Advisory Board, a group of outstanding experts in the fields of antitrust law, economics, and business in the United States and abroad.
At the 2022 AAI Awards ceremony in Washington, DC, Jonathan W. Cuneo, founding partner of Cuneo Gilbert Laduca LLC, was inducted into the AAI Hall of Fame.
AAI President Diana Moss noted, in announcing the award, that “Jon Cuneo is an iconic member of the antitrust community and has been at the vanguard of the movement for stronger enforcement of the antitrust laws for decades”.
This prestigious award celebrates the achievements of Mr Cuneo in nearly four decades of work on behalf of “plaintiffs in state and federal trial and appeals courts around the country in a variety of cases, including in complex antitrust, civil and human rights, consumer protection, corporate governance, and securities class actions. He also has led numerous legislative efforts before Congress”.
Cuneo joins AAI Private Antitrust Enforcement Hall of Fame inductees Joseph Goldberg, Roberta D. Liebenberg, H. Laddie Montague Jr., Ellen Meriwether, and Michael Freed.
In his speech, Cuneo recognized an “unrelenting civility” common among the prior winners of the award, and identified “firm and unrelenting persistence, consistency and grit” as the “winning pitches in this league”, where “the only victory is persuasion”. Cuneo also acknowledged the efforts of the entire staff of CGL, “without whom I would be nothing, and don’t I know it”. Video of full acceptance speech below – editing by Max Tiefer.
Missouri Corrections Officer $117M Settlement Receives Final Approval; Initial Distribution to 20,000 Class Members Imminent.
CGL are pleased to announce that, after a decade-long fight to secure fair pay for Corrections Officers working at Missouri state prisons, the Circuit Court of Cole County, Missouri has given final approval to a Settlement valued at $117M. These workers, among the lowest paid in the nation, were denied pay for critical work they perform before and after every shift. During the course of the hard-fought litigation, CGL attorneys, lead by Michael Flannery, and their co-counsel won a $113 million jury verdict at trial in August of 2018. After the Missouri Supreme Court largely upheld the State’s liability, and preparations were being made for a second trial, the case was settled during pretrial mediation.
More than 20,000 hard-working members of the Settlement Class will receive back pay and damages as a result of the Settlement, with checks being mailed in the next several weeks. The Settlement also provides Corrections Officers with increased pay going forward for at least eight years. The Settlement and the benefits to these Corrections Officers reflect CGL’s commitment to pursue justice for their clients, however long that takes.
For more information, see the Settlement website:
Pamela Gilbert comments on Law.com
Pamela Gilbert comments on the role of organizations such as the Committee to Support the Antitrust Laws in providing a forum for plaintiff’s attorneys to work together on issues of mutual concern in this Law.com article.
Jonathan W. Cuneo inducted into the Private Antitrust Enforcement Hall of Fame
The American Antitrust Institute (AAI) has chosen Jonathan W. Cuneo as the 2022 inductee to the Private Antitrust Enforcement Hall of Fame. He will be honored at AAI’s Awards Night on November 9, 2022 in Washington, DC. AAI President Diana Moss noted, “Jon Cuneo is an iconic member of the antitrust community and has been at the vanguard of the movement for stronger enforcement of the antitrust laws for decades. We are delighted to induct him into the AAI Hall of Fame.”
The Hall of Fame recognizes practitioners for three major contributions:
– Distinguished service to the private antitrust enforcement community;
– Commitment to the enforcement of the antitrust laws; and
– Success in fighting for competition, consumers, and workers.
Mr. Cuneo joins AAI Private Antitrust Enforcement Hall of Fame inductees Joseph Goldberg, Roberta D. Liebenberg, H. Laddie Montague Jr., Ellen Meriwether, and Michael Freed.
Generic Drugs Price-Fixing
CGL continues to represent independent pharmacies and hospitals against manufacturers of generic drugs that engaged in a price-fixing conspiracy. In July 2022, CGL filed an amended complaint with additional evidence that major drug wholesalers participated in the scheme to divide the market for dozens of generic drugs in order to keep prices illegally inflated.
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.