Westlaw Journals weekly round-up

January 15, 2014

Westlaw Journals Weekly RoundupThe Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Some highlights from the past week include the revival of a milk antitrust suit, a ruling about Pa.’s Marcellus Shale drilling law, and Abbott’s $5.5 million stent off-labeling settlement:

Milk antitrust case revived by federal appeals court: A federal class-action lawsuit alleging that milk processors and bottlers violated federal antitrust laws by conspiring to control the milk market can proceed, a federal appeals court ruled Jan. 3. The 6th U.S. Circuit Court of Appeals reversed a lower court’s dismissal of the complaint by milk retailers Food Lion and Fidel Berto, finding fact questions on whether the retailers suffered an antitrust injury. (Antitrust)

Pa. Supreme Court tosses parts of Marcellus Shale drilling law: In a long-awaited decision, the Pennsylvania Supreme Court has struck down parts of a natural gas drilling law restricting the ability of municipalities to manage “fracking” with targeted zoning ordinances. The state high court’s Dec. 19 ruling affirms a 2012 decision of the Pennsylvania Commonwealth Court, which voided a controversial provision of Act 13, 58 Pa. Cons. Stat. § 3304. Robinson Township et al. v. Commw. of Pa. et al., No. 284 MD 2012, 52 A.3d 463 (Pa. Commw. Ct. July 26, 2012). (Environmental)

Abbott to pay $5.5 million to settle off-label stent promotion claims: Abbott Laboratories will pay nearly $5.5 million to settle claims that it violated federal laws by illegally promoting the off-label use of its bile duct stents in coronary artery procedures, the Justice Department has announced. Under an agreement filed Dec. 27 in the U.S. District Court for the Eastern District of Tennessee, Abbott settled allegations first lodged by two former sales employees that it violated the False Claims Act, 31 U.S.C. § 3729(a)(2), and the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). (Medical Devices)