|
|
|
High court weighs overtime pay for drug sales reps
Court Watch |
2012/04/17 09:49
|
A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime.
|
|
|
|
|
|
|
Apple's market clout likely to draw more scrutiny
Court Watch |
2012/03/12 11:48
|
In everything it does, from product design to business deals, Apple strives for as much control as possible.
But as the world's most valuable company sets out to define and dominate the rapidly evolving markets it created with the iPhone and the iPad, Apple is likely to face antitrust regulators who want to curb its power.
Apple's clout is coming under scrutiny as the U.S. Justice Department considers filing a lawsuit against the company and five U.S. publishers on allegations they orchestrated a price-fixing scheme on electronic books.
The involved parties are trying to avoid a high-profile court battle by negotiating a settlement, according to The Wall Street Journal. The newspaper broke the news last week about the government's plans to allege that Apple Inc. and the publishers tried to thwart e-book discounts offered by Amazon.com Inc. and drive up prices since the 2010 release of the iPad.
"I think this might be a bit of a wake-up call for Apple," says Ted Henneberry, an antitrust attorney for the Orrick law firm in Washington.
|
|
|
|
|
|
|
Health care lawyer Clement as high court regular
Law Blogs |
2012/03/11 11:48
|
Paul Clement used to argue for the federal government's power until he started arguing against it.
But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.
Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.
In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.
Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.
He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.
|
|
|
|
|
|
|
Brower Piven Announces Summary Notice of Proposed Settlement of Class Action
Press Release |
2012/03/09 09:40
|
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
All Persons and Entities Who Purchased Inyx, Inc. Common Stock Between April 1, 2005 and July 2, 2007, Inclusive.
This Summary Notice is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York (the "Court"), dated February 9, 2012. The purpose of this Summary Notice is to inform you of the proposed settlement of the above-entitled class action (the "Action") against defendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt, and Jay M. Green.
A Settlement Hearing will be held before the Hon. P. Kevin Castel, United States District Judge, at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street New York, NY 10007, at 11:30 a.m. on May, 4, 2012 in order: (1) to determine whether the Settlement consisting of no less than $600,000.00 (US) and no more than $1,100,000 (US) in cash should be approved as fair, reasonable, and adequate to the Class and the proposed Judgment entered; (2) to determine whether the proposed Plan of Allocation for the proceeds of the settlement is fair and reasonable, and should be approved by the Court; (3) to determine whether any applications for attorneys' fees not to exceed 35% of the settlement Fund and reimbursement of litigation expenses not to exceed $110,000.00 (US) to Class Counsel should be approved; and (5) to rule upon such other matters as the Court may deem appropriate.
If you purchased the common stock of Inyx, Inc. between April 1, 2005 and July 2, 2007, inclusive, and are not otherwise excluded from the Class, you are a Class Member. Class Members will be bound by the final Judgment of the Court. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim postmarked no later than June 8, 2012, establishing that you are entitled to recovery. If you are a Class Member and need a Proof of Claim, copies may be obtained by telephoning the Claims Administrator at (800) 231-1815 or by downloading the form on the Internet at www.gcginc.com.
If you do not wish to be included in the Class and you do not wish to participate in the proposed Settlement, you may request to be excluded in the manner set forth in the full Notice of Proposed Settlement of Class Action ("Notice"), no later than April 9, 2012. If you are a Class Member, and you do not request exclusion from the Class, you may make written objection(s) to the Settlement, the Plan of Allocation or Class Counsel's request for an award of attorneys' fees and reimbursement of expenses by following the procedures set forth in the Notice. If you make a written objection, you also may appear at the Settlement Hearing. You must file and serve your written objection, in the manner specifically set forth in the Notice, no later than April 9, 2012.
This is only a summary notice. The full Notice of Proposed Settlement of Class Action may be accessed at: www.gcginc.com.
|
|
|
|
|
|
|
Mo. court denies tax break for convenience stores
Legal Business |
2012/03/07 09:28
|
Missouri's highest court says convenience stores cannot claim a tax break on the electricity used to prepare food.
The Supreme Court's decision Tuesday hinged on whether the act of warming or cooking food qualified as "processing" a product. If so, then the electricity used for food preparation could qualify for a state sales tax exemption.
In a 5-2 decision, the Supreme Court ruled that food preparation was not "processing" and the tax break could not be claimed.
Casey's General Stores had sought the tax break for one month of electricity used at stores in Grain Valley and Greenwood.
The Missouri Department of Revenue said it did not have a specific figure for what might have been owed to Casey's, or to other companies that might have made similar claims.
|
|
|
|
|
|
Legal News RSS Feed
