Asymmetric Stakes in Antitrust Litigation

Antitrust Laws: the Nurse Wages Antitrust Litigation

Book Note the Antitrust Counterattack in Patent Infringement Litigation

Patent infringement suit claims of inequitable conduct before the Patent Office and claims of patent misuse are staple affirmative defenses in patent practice. Defendants' frequent invocation of the inequitable conduct and patent misuse doctrines causes patentee-plaintiffs to consider the possibility that a court will find the patent unenforceable in accord with those doctrines. The authors of ...

Challenging the Medical Residency Matching System through Antitrust Litigation.

It is no secret that medical residencies are tremendously challenging positions. Being a resident physician often means long, grueling hours of patient care, a relatively small salary for the hours worked, and a steep learning curve of training and education under the scrutinizing eyes of seasoned physicians and fellow residents. The process for securing a residency is no leisurely stroll, eith...

Who Should Be Worried About Asymmetric Information in Litigation?

What is the appropriate informational structure when modeling the lawsuit? In numerous papers stretching back almost 30 years litigation has been portrayed as a game involving incomplete, sometimes asymmetric information. That information is incomplete is beyond question. Clients, in conjunction with their attorneys, must make decisions on filing and settlement in the presence of uncertainty ab...

De Facto Detrebling: the Rush to Settlement in Antitrust Class Action Litigation

Antitrust law provides that successful private plaintiffs are entitled to treble damages. Despite this, in antitrust class action litigation, courts have subtly dismantled the treble damage regime by manipulating the standard for reviewing proposed settlements. Federal law requires judicial approval of class action settlements in order to ensure that the class members’ interests are adequately ...