On September 30, 2024, U.S. District Judge Ronnie Abrams adopted the Report and Recommendation of U.S. Magistrate Judge Stewart D. Aaron, certifying two classes—Direct-Purchaser Plaintiffs and End-Payor Plaintiffs (collectively, “Plaintiffs”)—in consolidated antitrust actions against Takeda Pharmaceuticals Co. (“Takeda”). Plaintiffs accuse Takeda of unlawfully inflating the price of its diabetes treatment, Actos (pioglitazone), by delaying the entry of generic alternatives. The U.S. Food and Drug Administration (“FDA”) regulates the development and…
On August 22, 2022, Modern Perfection LLC and Fruitful Bear, LLC (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated Class members against Bank of America, N.A. (“Bank of America'' or “Defendant”) in the United States District Court for the District of Maryland. Bank of America was the second largest private lender of loans from the Paycheck Protection Program (“PPP”), a $669 billion business loan program intended…
The Rise of Mass Arbitration In recent years, U.S. companies have increasingly included mandatory arbitration clauses in their contracts, meaning any disputes between consumers or employees and the company must be resolved through arbitration. As it commonly costs between $300 and $400 for complainants to initiate an arbitration claim and because these clauses also commonly prevent customers and employees from participating in class action proceedings, the move to arbitration was…
On October 21, 2021, the Commodity Futures Trading Commission (“CFTC” or “Commission”) announced that it had awarded a single, unnamed whistleblower nearly $200 million for information that led to a successful enforcement action relating to interest rate manipulation at a large financial firm. The decision came after the Claims Review Staff initially recommended that the CFTC deny the claimant’s whistleblower award application. This Preliminary Determination was followed by a request for…
Nissan drivers are taking legal action over a possible defect in 2019 model year Versa and Altima vehicles containing a Xtronic Continuously Variable Transmission (“CVT”). The alleged defect causes the vehicles to suddenly shake and jerk (commonly referred to as “juddering” or “shuddering”) when drivers attempt to accelerate. The problems cause the Versa and Altimas to, in some cases lag or delay when the driver tries to accelerate, or in other…
The Sixth Amendment to the United States Constitution guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” In California, this right is codified in Article 1, Section 15 of the California Constitution, as well as in California Penal Code section 686(1). Yet, it is estimated that as of August 30, 2021, there at least 429 people in the San Francisco Superior…
Jayne A. Goldstein and Natalie Finkelman Bennett, partners at Miller Shah LLP, will be featured speakers at Women Lawyers in Leadership 2021, a live webcast airing on September 23, 2021. Additionally, Jayne is the Chairperson for this event. The program is designed to benefit women attorneys seeking to take their careers up a notch by striving for leadership positions. Agenda topics include the following: Getting a seat at the table…
On July 9, 2021, a District Judge in the United States District Court of Nevada entered her Amended Findings of Fact and Conclusions of Law, ordering, adjudging and decreeing three causes of action in favor of LA1, LLC (“Plaintiff” or “LA1”). Plaintiff was awarded both compensatory and punitive damages, totaling an excess of $1.2 million. The decision comes as a result of a week-long trial in which Plaintiff sought to…
Natalie Finkelman Bennett, Jayne A. Goldstein, James E. Miller, Bruce D. Parke, Laurie Rubinow, James C. Shah, and Nathan C. Zipperian are pleased to announce the creation of Miller Shah LLP (www.millershah.com). The new firm will represent its clients and practice law from offices in Connecticut, California, Florida, New Jersey, New York, Pennsylvania, and Milan, Italy, with its headquarters based in Philadelphia, PA. In addition to James E. Miller (jemiller@millershah.com)…
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