Skadden, Arps, Slate, Meagher & Flom LLP

Pending Bills in House and Senate Seek to Loosen Federal Court Pleading Standards
December 11, 2009
Congress is considering legislation that would substantially raise the bar for defendants who move to dismiss civil lawsuits under Federal Rule of Civil Procedure 12. Introduced by Sen. Arlen Specter (D.-Pa.) in the Senate and Rep. Jerry Nadler (D.-N.Y.) in the House, the two bills would prohibit...

Second Circuit Affirms Dismissal of Antitrust Claims and Addresses the Proper Application of the Implied Preclusion Doctrine
Paul M. Eckles, Shepard Goldfein, December 11, 2009
On December 3, 2009, in In re Short Sale Antitrust Litigation (No. 08-0420-cv), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action alleging collusion among certain financial institutions that serve as “prime brokers” in connection with...

Pharmaceutical and Medical Device Provisions in House-Passed Health Care Legislation
John T. Bentivoglio, Jennifer L. Bragg, Andrew J. Collins, Mitchell S. Ettinger, Gregory M. Luce, December 7, 2009
The House of Representatives passed HR 3962, the “Affordable Health Care for America Act,” on November 7, 2009. The bill includes numerous provisions that would directly impact drug and device manufacturers. The most important of these provisions are grouped into topical categories and...