Antitrust - McCarran-Ferguson immunity - Ninth Circuit finds reinsurers potentially liable for involvement in developing standardized policies

Article Abstract:

The Ninth Circuit ruling in In re Insurance Antitrust Litigation deprived the McCarran-Ferguson Act of all practical effect by holding that the involvement of foreign reinsurers caused loss of exemption from antitrust liability. The case contested new standardized commercial general liability forms adopted by the Insurance Services Office Inc, an association licensed to develop uniform policies. Since the challenged activity was one that the McCarran-Ferguson Act was intended to protect, the court was too literal in denying immunity.

Insurance industry, Standardized terms of contract

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Antitrust law - Robinson-Patman Act - Ninth Circuit rules that secondary-line price discrimination cannot be rebutted by a showing of no anticompetitive effect

Article Abstract:

The US 9th Circuit Court of Appeals in Chroma Lighting v. GTE Products held that a prima facie showing of the existence of secondary-line retail price discrimination cannot be rebutted by proof of a generally competitive market. The Court properly determined that the legislative history and language of the Robinson-Patman Act support the view that the Act was intended to protect individual competitors. The political and social circumstances at the time of enactment further support the Court's view.

United States, Competition (Economics), Price discrimination

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Employment law - discrimination - Ninth Circuit finds for employee in a mixed-motive case without "direct evidence" of discrimination

Article Abstract:

In the case of Costa v. Desert Palace, Inc., the US Court of Appeals for the 9th Circuit ruled in the case of a warehouse worker who sued her employer for sex discrimination in her dismissal. The Court ruled that the plaintiff did not have to show "direct evidence" of sex discrimination in order to win damages, but could win based on discrimination as being one motivation for her firing.

Justice, Public Order, and Safety Activities, Rules of Evidence, Burden of proof, Evidence (Law), Sex discrimination, Employee dismissals, Employment terminations, Employment at will

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