Civil Procedure I



Antitrust Seminar: Current Issues in Antitrust LitigationFall 2016Room 350T 10.00 AMProfessor Page,312D; Office hours: 3-5 Tu-Th (usually), or by appointment.page@law.ufl.edu 273-0929Coverage. The focus of this seminar will be Current Issues in Antitrust Litigation. The first two sessions will give an overview of antitrust law generally, class actions, and the “per se” offenses (price fixing, market allocation, and horizontal boycotts). After that, the classes will examine key procedural features of the litigation of antitrust cases: pleading antitrust offenses; discovery (especially e-discovery) and case management; economic expert testimony; summary judgment; class certification; settlement, criminal litigation; arbitration; and proving damages. To deepen our understanding of the antitrust and procedural issues, leading practitioners (lawyers and economists) have generously agreed to participate in some of our sessions, to present their experience and perspectives on particular topics, and to respond to our questions. I’ve listed the names and affiliations of our guests in the relevant sessions.I have canceled one of our sessions (October 4) for personal reasons. That session will be made up on Assigned Texts. The assigned readings will be different from the usual doctrinal law school class. Instead of a casebook with the classic, often decades-old cases, I have assigned (1) as a basic overview a “student treatise,” Daniel A. Crane, Antitrust (WoltersKluwer 2014), the Federal Rules of Civil Procedure (any 2016 edition), and (2) the full (or lightly edited) texts of (mostly) very recent cases illustrating current issues in antitrust litigation. For some of the sessions, we will also look at litigation documents. Assignments for Classes. I will email the assigned materials at least a week before the scheduled session.Web Site. The TWEN site is at . The site password is “class.” Outside Reading. The best single-volume work on antitrust law is Richard A. Posner, Antitrust Law (2d ed. 2001). A good hornbook is Herbert Hovenkamp, Federal Antitrust Policy: The Law of Competition and Its Practice (4th ed. 2011). A shorter treatment is E. Thomas Sullivan & Jeffrey L. Harrison, Understanding Antitrust and Its Economic Implications (5th ed. 2009). A good introduction to complex litigation is Robert Klonoff, Class Actions and Other Multi-Party Litigation in a Nutshell (4th ed. 2012). An important resource for litigation issues is Manual for Complex Litigation (Fourth) (2004), published by the Federal Judicial Center. A pdf version of this work is on the course web site. The paperback is inexpensive, so you may want to get a copy. Research Resources. Most of your research can be done on Westlaw and Lexis, but another of special relevance of , which gives us free access to PACER and court dockets and all the filings in federal litigation. Those of you who want to examine a particular litigation in great detail will want to make use of this service.Paper and Grade: The grade will be based on a paper (75%) and class participation (25%). The law school grading policy is available at participation. This component consists of (1) class discussion; (2) giving a show-and-tell on any topic related to antitrust litigation; and (3) presenting a research paper. Discussion: This component involves regular, informed questions and comments during the class sessions—especially when there are guest practitioners. Show and Tell: This will be a short (8-10 minutes), interesting talk at the September 27 session.Presentation: This will be based on an in-class, oral exposition of your paper’s argument. Paper. The paper should be 20 – 25 pages long, including footnotes. In the paper, you must not only research and describe the law, but also analyze the key issues and develop and sustain an argument. You should start thinking of topics as soon as possible. The prospectus for the paper (a one-page statement of your topic) is due September 27, when you will present your idea for paper to the class in the show-and-tell. The first draft of the paper is due October 18. The finished paper is due December 1, the first day of exams. There are two main types of papers that are acceptable: Traditional: an examination of a current legal issue or doctrine, analyzing the leading and recent decisions and making a legal and policy argument. Your paper can be on any significant and current issue of antitrust law.Record study: an in-depth analysis of the record, including the docket available on PACER, in a single class action. There should be an introduction, placing the issues in the class action in context, followed by a detailed discussion of the pleadings, motions, orders, and appeals in the case. I’ve posted an example of each of the types of paper (from my Class Actions seminar) in the Course Materials section of the TWEN site.I will base the grade on the quality of your research, writing, analysis, and argument, and on the accuracy of your citation form (following A Uniform System of Citation (19th or 20th ed.). An A traditional will develop a clear and imaginative argument based on thorough research and analysis, using accurate citation form. An A record study will present the context of the issues and examine the record in detail, explaining the significance of the action of the court and the parties at each stage, clearly and insightfully.In addition, I will consider timeliness of submissions. Prospectuses, drafts, and final papers must be submitted to me by email on or before the dates indicated in the syllabus. The grade for this portion of the course will decline by one letter grade for each week past the deadline that the assignment is submitted. Also, please review the College honor code, particularly with reference to plagiarism: Absences. Attendance is required. If you’re going to be absent or unprepared for any class, let me know ahead of time, preferably by email. If you have more than 1 unexcused absence, your grade may suffer. Classroom Civility. During class, do not connect to a wireless network with any device, unless it’s part of a show-and-tell or presentation. Accommodations. Students requesting classroom accommodation must first register with the Office of Disability Resources.? The UF Office of Disability Resources will provide documentation to the student who must then provide this documentation to the Law School Office of Student Affairs when requesting accommodation.ClassTopic & Casebook Pages18/16Introduction to Antitrust Law and LitigationAssignments: Daniel A. Crane, Antitrust (WoltersKluwer 2014), pp. 1-18; 41-74Meyer v. Kalanick, 15 Civ. 9796, 2016 WL 1266801 (S.D.N.Y. Mar. 31, 2016)Fed. R. Civ. P. 23 Class Actions28/23The Law of Price Fixing, Market Allocation, and Horizontal BoycottsAssignments:U.S Dept. of Justice, Price Fixing, Bid Rigging, and Market Allocation Schemes: What They Are and What to Look For: An Antitrust PrimerUnited States v. Foley, 598 F.2d 1323 (4th Cir. 1979)In re Blue Cross Blue Shield Antitrust Litig., 26 F. Supp. 3d 1172 (N.D. Ala. 2014)United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015)O’Bannon v. NCAA, 802 F.3d 1049 (9th Cir. 2015)38/30PleadingAssignments: Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)In re Text Messaging Antitrust Litig., 630 F.3d 622 (7th Cir. 2010)In re Musical Instruments and Equip. Antitrust Litig., 798 F.3d 1186 (9th Cir. 2015)49/6Discovery and Case Management Guest instructor: Prof. William Hamilton, Exec. Director, UF Law E-Discovery ProjectGuest Practitioner: Jason Gourley, Bodman PLC, Detroit, MIAssignments: TBA59/13Economic Expert WitnessesGuest: Prof. Roger Blair, UF Dept. of EconomicsGuest Practitioner: Paul Friedman, Dechert LLP, Washington, DCAssignments: TBA69/20Summary Judgment Assignments TBA79/27Show-and-Tell PresentationsProspectuses Due10/4No class810/7*11:00 amClass CertificationGuest Practitioner: Hollis Saltzman, Robbins Kaplan LLP, New York, NYAssignments: TBA910/11Settlements Guest Practitioner: Brent W. Landau, Hausfeld LLP, Philadelphia PAAssignments: TBA1010/18Criminal Litigation Guest Practitioner: Mark Rosman, Wilson, Sonsini, Goodrich & Rosati PC, Washinton DCFirst Drafts DueAssignments: TBA1110/25ArbitrationGuest Practitioner: Daniel R. Shulman, Gray Plant Mooty PA, Minneapolis MNAssignments: TBA1211/1Remedies Guest Economist: Robert Lanzilotti, Dean Emeritus, Eminent Scholar Emeritus, and Dir., Public Policy Research Center, UF Grad. School of BusinessAssignments: TBA1311/8Presentations 1-71411/15Presentations 8-1411/22No Class—Constructive Friday12/1Final Papers Due ................
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