Amicus Briefs

Federal court decisions often have far-reaching impacts on interested parties not participating in the law suit at hand.  Amicus Curiae “friend-of-the-court” briefs are great opportunities for interested parties to focus the court’s attention on the implications of a potential impact on an industry, group, or jurisdiction not represented by the parties.  We regularly draft and file Amicus briefs in state and federal court, including the United States Supreme Court, on behalf of consumer advocacy and public interest groups in matters of antitrust with wide-ranging consumer impacts. 

Here are recent Amicus filings:

2014

  • NACS, et al. v. Board of Governors of the Federal Reserve (Supreme Court of the United States. Amicus brief on behalf of U.S. Senator Richard Durbin in support of merchant Petitioner's position that the Federal Reserve Board overstepped administrative authority in increasing the debit card interchange fee cap under the Durbin Amendment.
  • McWane, Inc. v. Federal Trade Commission (United States Court of Appeals for the Eleventh Circuit). Amicus brief on behalf of the United Steelworkers Union in support of appellant McWane.  The brief argues that the preservation of jobs should be considered a procompetitive justification under the antitrust laws.
  • St. Alphonsus Medical Center, et al. v. St. Luke's Health System (United States Court of Appeals for the Ninth Circuit). Amicus brief on behalf of the Medicaid Defense Fund in support of appeallants St. Luke's and Saltzer's appeal of lower court's denial of stay to divest Saltzer Medical Group pending appeal to the Ninth Circuit Court of Appeals. Amicus argued that the decision requiring immediate divestiture would harm underserved consumers experiencing the benefits of the combined group, and curb healthcare reform efforts nationwide.
  • St. Alphonsus Medical Center, et al. v. St. Luke's Health System (United States Court of Appeals for the Ninth Circuit). Amicus brief on behalf of International Center For Law and Economics and the Medicaid Defense Fund in support of appeallants St. Luke's and Saltzer's appeal of lower court decision to unwind merger which contained substantial pro-consumer, procompetitive efficiencies.
  • Astrazeneca v. United Food and Commercial Workers Union (United States Court of Appeals for the First Circuit). Amicus brief on behalf of Community Catalyst, National Legislative Association on Prescription Drug Prices, USPIRG and the American Independent Business Alliance is support of appellees United Food and Commercial Works Union, et al, arguing,  in this pharmaceutical pay-for-delay matter, that class certification is necessary for all consumers to vindicate rights as a group where indivdually they would not be able to bring suit at all.
  • In Re Lamictal Direct Purchaser Antitrust Litigation (United States Court of Appeals for the Third Circuit).  Amicus brief on behalf of AARP, Legislative Association on Prescription Drug Prices, and the United States Public Interest Research Group in support of appellant that non-money, pay-for-delay agreements coupled with non-authorized generic settlements are anticompetitive and harmful to consumers. 
  • Drug Mart Pharmacy v. American Home Products Corp (United States Court of Appeals for the Second Circuit). Amicus brief on behalf of the Organization for Competitive Markets in support of independent pharmacies’ position that drug manufacturer discounts to large chain pharmacies is unlawful price discrimination under the Robinson-Patman Act, which is harmful to independent pharmacies and consumers.

2013

  • Octane Fitness v. Icon Health and Fitness (United States Supreme Court). Amicus brief on behalf of the Food Marketing Institute in support of the petitioner's position that the rigid and exclusive test for awarding attorney's fees to prevailing accused patent infringers encourages patent plaintiffs to bring spurious patent cases to cause competitive harm or coerce unwarranted settlements from defendants.
  • NACS, et al v. Board of Governors of the Federal Reserve (United States Court of Appeals for the D.C. Circuit). Amicus brief on behalf of U.S. Senator Richard Durbin in support of the lower court ruling that the Federal Reserve Board overstepped administrative authority in increasing the debit card interchange fee cap under the Durbin Amendment.
  • FTC v. Watson (United States Supreme Court). Amicus brief on behalf of AARP, the American Medcial Association, the National Legislative Association on Prescription Drug Prices and US PIRG in support of FTC's position that pay-for-delay payments are anticompetitive and harmful to consumers.
  • American Express v. Italian Colors Restaurant, et al. (United States Supreme Court). Amicus brief on behalf of the Food Marketing Institute and the National Retail Federation in support of merchant Respondents to uphold the effective-vindication ruling allowing merchants to litigate instead of arbitrate due to the prohibitive costs of individual arbitration.

2012

  • Vernon Hugh Bowman v. Monsanto Company, et al. (United States Supreme Court). Amicus brief on behalf of Food & Water Watch; National Family Farm Coalition; National Farmers Union; Organization for Competitive Markets.
  • NACS, et al. v. Board of Governors of the Federal Reserve (United States District Court for the District of Columbia). Amicus brief on behalf of United States Senator Richard Durbin.
  • National Association of Chain Drug Stores, et al. v. Express Scripts, Inc. and Medco Health Solutions (United States District Court for the Western District of Pennsylvania). Amicus brief on behalf of Consumer Federation of America, National Consumer League, National Legislative Association on Prescription Drug Prices and US PIRG in support of plaintiffs' case to enjoin the merger between two of the three largest pharmacy benefit managers.
  • PBA Health, et al. v. Sebelius and Suehs (United States District Court for the Western Division of Texas).  Amicus brief on behalf of the Texas Association of Mexican American Chamber of Commerce and the Greater Houston Business Council - LULAC 4245 in support of plaintiffs' case to enjoin the Texas Health and Human Services Commission from decreasing pharmacy Medicaid reimbursement rates to the detriment of vulnerable Texas citizens.

2011

  • Caraco Pharmaceutical Laboratories, et al. v. Novo Nordisk (United States Supreme Court). Amicus brief on behalf of AARP and U.S. PIRG in support of Petitioner Caraco's brief to combat abusive patent use filings and Orange Book manipulation.
  • Burton's Pharmacy, Inc., et al v. CVS Caremark, et al (United States District Court for the Middle District of North Carolina).  Amicus brief on behalf of the National Community Pharmacists Association opposing CVS Caremark's motion to compel arbitration.
  • The Muecke Company, Inc., et al v. CVS Caremark, et al (United States District Court for the Southern District of Texas).  Amicus brief on behalf of the National Community Pharmacists Association opposing CVS Caremark's motion to compel arbitration.
  • The Muecke Company, Inc., et al v. CVS Caremark, et al (United States District Court for the Southern District of Texas).  Amicus brief on behalf of consumer organizations Consumer Federation of America, National Legislative Association on Prescription Drug Prices and U.S. PIRG in opposition to CVS Caremark's motion to compel arbitration.
  • Caraco Pharmacuetical Laboratories, et al. v. Novo Nordisk (United States Supreme Court).  Amicus brief on behalf of AARP and US PIRG in support of Caraco Pharmaceutical Laboratories, et al as the Federal Circuit's opinion misreads the law, and abrogates the legislative intent.
  • Louisiana Wholesale Drug Co., et al v. Bayer, et al (Cipro) (United States Supreme Court).  Amici Curiae brief on behalf of the Consumer Federation of America, Prescription Access Litigation LLP, The National Legislative Association on Prescription Drugs and US PIRG in support of the Petitioner, urging the Court to grant certiorari to reverse the court below, to give effect to the Hatch-Waxman Act, and to save consumers billions of dollars from anti-competitive settlements.  
  • TCF National Bank v. Ben S. Bernanke, et al. (United States District Court for the District of South Dakota).  Amicus Curiae brief on behalf of US PIRG in support of Ben Bernanke, et al to urge the Court to dismiss the Plaintiff's claims consistent with the Defendants' Motion to Dismiss.

2010

  • Apotex, Inc. v. Sebelius (United States Supreme Court).  Amicus Brief on behalf of AARP and Consumers Federation of America as Amici Curiae in support of Apotex, Inc. requesting that the petition for writ of certiorari be granted.
  • Arkansas Carpenters Health and Welfare Fund, et al. v. Bayer A.G., et al. (Cipro) (United States Court of Appeals for the 2nd Circuit).  Amicus brief on behalf of Consumers Union, Consumer Federation of America, US PIRG, and The National Legislative Association on Prescription Drug Prices as Amici Curiae in support of Plaintiffs-Appellants' petition for rehearing En Banc.
  • Messner vNorthShore University HealthSystem (United States Court of Appeals for the 7th Circuit).  Amicus Brief on behalf of The Consumer Federation of America and US PIRG in support of Messner, et al to request that the Court overturn the district courts' denial of class certification.
  • Novo Nordisk v. Caraco Pharmaceutical Laboratories, et al. (United States Court of Appeals for the Federal Circuit).  Amicus brief on behalf of The Consumers Federation of America in support of Caraco Pharmaceutical Labratories, et al petition for rehearing En Banc.
  • St. Francis Medical Center v. C.R. Bard, Inc. (United States Court of Appeals for the 8th Circuit).  Amicus brief on behalf of the Consumer Fenderation of America as Amicus Curiae in support of Saint Francis Medical Center's petition for panel rehearing or reahing En Banc.
  • Terry v. Tyson Farms, Inc. (United States Supreme Court). Amicus Brief of 55 farming, ranching and consumer organizations as Amici Curiae in support of the petitioner requesting that the Court grant the petition for a Writ of Certiorari.

2009

  • Apotex Inc. v. Sanofi-Synthelabo Inc. (United States Supreme Court).  Amici Curiae on behalf of AARP, Patients Not Patents and The Public Patent Foundation as Amici Curiae in support of Petitioners that the writ of certiorari be granted.
  • Wheeler, et al. v. Pilgrim's Pride Corp. (United States Court of Appeals for the 5th Circuit).  En Banc brief for 54 farming, ranching and consumer organizations as Amici Curiae in support of Plaintiffs-Apellees recommending that the Court should affirm the district court and panel majority opinions.

2008

  • AstraZeneca Pharmaceuticals v. State of Alabama (Supreme Court of Alabama).   Amicus Brief on behalf of the National Community Pharamcists Association in support of AstraZeneca Pharmaceuticals as the jury in this case was improperly denied evindence from pharmacists that were directly responsive to the State's claims of fraud.  
  • Rambus v. FTC (United States Court of Appeals for the District of Columbia Circuit).  Amicus brief on behalf of The American Antitrust Institute, Consumer Federation of America and The Public Patent Foundation for leave and invitation to file Amicus Brief in support of the FTC's petition for rehearing En Banc.  

2007

  • Masimo v. Tyco (United States Court of Appeals for the 9th Circuit).  Amicus brief on behalf of Consumer Federation of America and Medical Device Manufacturers Association in support of appellant/cross appellee Masimo Corporation that the decision of the district court regarding bundled discounts under Sections 1 and 2 of the Sherman Act and Section 3 of the Clayton Act should be Reversed. 
  • In re DDAVP Direct Purchaser Antitrust Litigation (United States Court of Appeals for the 2nd Circuit). Amicus brief on behalf of the American Antitrust Institute, AARP, The Consumer Federation of America, Consumers Union and Families USA to recommend that the decision of the District Court with regard to antitrust standing under Walker Process should be vacated, and the case should be remanded to the District Court for further proceedings.
  • FTC v. Whole Foods (United States District Court for the District of Columbia).   Amicus brief on behalf of The American Antitrust Institute, The Consumer Federation of America, and the Organization for Competitive Markets in support of the FTC to urge the Court to grant the FTC's request for a preliminary injuction. 
  • Cascade Health Solutions v. PeaceHealth (United States Court of Appeals for the 9th Circuit).   Amicus brief on behalf of The American Antitrust Institute and Consumers Union supporting McKenzie-Williamette's position that the Court should decline PeaceHealth's invitation to extend Brooke Group and uphold the jury's Section 2 verdict.

2006

  • Broadcom v. Qualcomm (United States Court of Appeals for the 3rd Circuit).  Amicus brief on behalf of The American Antitrust Institute and The Consumer Federation of America in support of neither party recomending the Court reverse the District Court's holding that the First Claim for Relief in Broadcom's Complaint fails to state an actionable claim as a matter of law.

2005