In re: Lipitor Antitrust Litig. — antitrust — reversal — Smith
In a sprawling opinion whose 17-page caption is longer than many published opinions, the Third Circuit today reversed a district court’s dismissal of antitrust suits against companies holding the patents on popular drugs for treating cholesterol and depression. The court rejected the district court’s rulings that the plaintiffs’ allegations were not plausible.
Joining Smith were Ambro and Fisher. The nine (!) arguing counsel were:
- Barry Refsin, Hangley Aronchick, appellants
- Scott Perwin, FL, appellants
- Thomas Sobol, MA, appellants,
- David Sorensen, Berger & Montague, appellants
- Bruce Gerstein, NY, appellants
- James Cecchi, Carella Byrne, appellants
- Renae Steiner, MN, appellants
- Robert Milne, NY, appellees
- Jay Lefkowitz, Kirkland & Ellis, appellees
Kelly v. Maxum Specialty Ins. Gp. — civil — reversal — Chagares
After a plaintiff sued a defendant, the plaintiff filed a federal suit seeking a declaratory judgment on the defendant’s insurer’s coverage. The Third Circuit said this situation is “familiar” and that district courts in this circuit are divided on the “important” question of whether to let the federal suits proceed. Today, the court reversed a district court’s dismissal, holding that a federal declaratory-judgment coverage suit was not substantially similar to the underlying civil suit and that its remand was an abuse of discretion.
Joining Chagares were Hardiman and Scirica. Arguing counsel were Sina Bahadoran of Florida for the insurer, John Reed Evans of Donnelly & Associates (formerly of Selective Law Group) for an insurance broker, and Gregory Kowalski of Pansini & Mezrow for the plaintiff.