Was it collusion or just good business? The liability insurance crisis revisited

Article Abstract:

The combined cases of Hartford Fire v California and Merrett Underwriting v California, now before the US Supreme Court, are a significant challenge to insurance industry exemption from antitrust acts. The suits charge four key insurance companies with conspiracy to limit liability insurance availability. The alleged conspiracy started with a dispute on standard liability insurance policy forms which degenerated into a boycott of policies using these forms. Whether the boycott places insurance companies outside the McCarran-Ferguson Act antitrust exemption is one of the issues now before the court.

Insurance industry, Supply and demand, Liability insurance, Conspiracy

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Judge takes lead role in Microsoft case: in a controversial ruling, Sporkin rejects antitrust consent decree

Article Abstract:

US District Judge Stanley Sporkin in Jan invoked controversial powers under the 1974 Tunney Act to reject a Justice Dept consent decree in a case accusing Microsoft of violating antitrust laws. The consent decree dealt with Microsoft's licensing agreements, but Sporkin extended his view to other monopolistic practices with which some have charged Microsoft. In so doing, Sporkin clashed publicly with the Asst Atty Gen in charge of the Antitrust Div.

Microsoft Corp., Practice, MSFT, Consent decrees, Sporkin, Stanley

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Making class distinctions: critics say class action proposals encourage collusion as well as settlements

Article Abstract:

Proposed changes to Federal Rule of Civil Procedure 23 which would allow courts to deny the status if the probable relief did not equal the costs of bringing suit and to allow certification just for purposes of settlement have occasioned much controversy. Opponents of the proposals fear the former would eliminate a key deterrent to business wrongdoing, while the latter would encourage collusion between lawyers for the two sides.

Class actions (Civil procedure), Compromise and settlement, Class action lawsuits, Settlements (Law)

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