Controlling the Competitor Plaintiff in Antitrust Litigation

Antitrust Laws: the Nurse Wages Antitrust Litigation

Precedents and Timing: A Strategic Analysis of Multi-plaintiff Litigation

We study the decision of when to sue in a game in which multiple plaintiffs have similar cases against a single defendant. Two legal regimes are considered. In one, prior results are binding in all future cases. In contrast, under the prevalent asymmetric regime, adverse results are binding against the defendant in future actions, but a judgement adverse to one plaintiff will not be binding aga...

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...

The "eggshell plaintiff" revisited: causation of mental damages in civil litigation.

The legal concept of the " eggshell plaintiff, " when explaining the causation of a plaintiff's claimed psychological injury, may be an archaic and a misleading paradigm. The " thin skull " or " eggshell plaintiff " rule—often described as the " defendant takes the victim as found " —protects the rights of individuals whose preexisting fragility makes them particularly susceptible to injury. Th...