Current Cases

Freight Forwarder Antitrust Litigation

Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) LTD., et al., 08-CV-00042 (JG) (VVP) (E.D.N.Y.) is a class action alleging that defendants conspired to fix, raise or maintain their freight forwarding services in violation of the Sherman Antitrust Act. The Firm has been appointed by the Court as co-lead interim class counsel. The proposed class period is from January 1, 2001 to the present for purchasers of freight forwarding services from one of the Defendants. There have been settlements with three Defendants, which are not yet public. On January 4, 2011 the Court issued a Report and Recommendation largely denying Defendants’ motions to dismiss Plaintiffs’ Complaint. See Docket No. 468. For more information contact Ben Jaccarino at (212) 608-1900.

Chocolate Confectionary Antitrust Litigation

The plaintiffs allege that the major producers of chocolate candy bars and other chocolate confections conspired and colluded to price fix chocolate candies at artificially high levels during the Class Period (December 9, 2002 to the present). Indirect purchaser plaintiffs allege that the chocolate manufacturer defendants violated various State antitrust and consumer protection laws. Lovell Stewart Halebian has been appointed by the Court as one of two co-lead interim counsel. Defendants filed a Motion to Dismiss for failure to state a claim that was denied. See In re Chocolate Confectionary Antitrust Litigation, 08-MDL-1935, Docket No. 582 (M.D. Penn). A memorandum of understanding has been executed to settle with one defendant. For more information contact Craig Essenmacher at 212-608-1900.

Digital Music Antitrust

In re Digital Music Antitrust Litigation, No. 06 MD 1780 (Judge Loretta A. Preska). This is a proposed class action on behalf of purchasers of digital music, who allegedly paid inflated prices between December 4, 2001 and present. The Consolidated Amended Complaint was filed on June 13, 2007. On October 9, 2008, the District Court granted Defendants’ motion to dismiss Plaintiffs’ Complaint. On March 26, 2010, the Second Circuit Court of Appeals reversed the District Court’s decision. The Supreme Court of the United States denied Defendants’ petition for certiorari on January 10, 2011. For more information, contact Gary Jacobson at (212) 608-1900. On July 18, 2011, the District Court substantially denied the motion to dismiss the State law claims.

Hyland, et al. v. HomeServices of America, Inc. et al.

Hyland, et al. v. Homeservices of America, Inc., et al., 05-CV-612 (W.D.Ky.), is a class action on behalf of all persons who purchased or sold real estate in the Commonwealth of Kentucky from January 1, 1991 to the present. The complaint alleges violations of antitrust laws for fixing real estate broker commissions and associated fees and refusing to compete on the basis of price in real estate transactions. The Court denied defendants’ motions to dismiss on June 28, 2007. On November 7, 2008, the Court granted Plaintiffs’ motion for class certification. The Sixth Circuit Court of Appeals denied Defendants’ petition for leave to appeal the class certification decision on March 12, 2009. Fact discovery is currently scheduled to conclude in October 2011. For further information, contact Ian T. Stoll, Esq. at (212) 608-1900.

Optiver

In re Optiver Commodities Litigation, No. 08-Cv-6842 (S.D.N.Y.)(LHP) is a class action alleging manipulation in violation of the Commodity Exchange Act on behalf of persons who purchased Light Sweet Crude Oil, New York Harbor Heating Oil, and New York Harbor Gasoline futures contracts traded on the New York Mercantile Exchange between March 2 and March 26, 2007. For more information, contact Ian Stoll at (212) 608-1900.