Tuesday, December 8, 2009
Posted by D. Daniel Sokol
Aidan Synnott (Paul Weiss) & Charlene Jones (Paul Weiss) illustrate how The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP.
ABSTRACT: In October 2009, the United States Court of Appeals for the Second Circuit became the first appeals court to decide that direct purchasers have standing to assert Walker Process claims. In so holding, the court did three interesting things: (1) it retained jurisdiction based on a minor aspect of plaintiffs’ claims, despite defendants’ arguments that the case belonged in the Federal Circuit because it concerned issues that arose under patent law; (2) it was very cautious in its expansion of antitrust standin