LGN Attorneys Attend AAI Awards Dinner to Celebrate Senior Counsel Joe Bourne

LGN Attorneys attended the American Antitrust Institute’s Awards Dinner to celebrate Senior Counsel Joe Bourne, who is this year’s Honoree for Outstanding Antitrust Litigation Achievement by a Young Lawyer! Congratulations, Joe, and spectacular work!

LGN Senior Counsel Joe Bourne Selected by American Antitrust Institute as Honoree for Outstanding Antitrust Litigation Achievement by a Young Lawyer

Joe Bourne

LGN Attorney Joe Bourne will be honored for his work on In re Pork Antitrust Litigation at the American Antitrust Institute’s Awards Night on November 9, 2022, in Washington, D.C. Joe was selected by a committee comprised of current and former private practitioners, government attorneys, and economists for his work in the Pork case. In that litigation, Joe has taken on a leading role in discovery of the defendants by all plaintiffs, discovery of the direct purchaser plaintiffs, coordinating discovery and court filings with all parties, briefing and arguing motions, and addressing the court at status conferences.

LGN Attorneys Submit Amicus Brief on behalf of COSAL and AAI

LGN attorneys Joe Bourne and Kristen Marttila, on behalf of the Committee to Support the Antitrust Laws (COSAL), along with Randy Stutz on behalf of the American Antitrust Institute (AAI), submitted an amicus brief to the Ninth Circuit today in support of the plaintiffs in Sidibe v. Sutter Health, a certified class action that was tried to a jury. 

The plaintiffs in the litigation below claimed they paid supracompetitive prices for health insurance premiums because of Sutter Health’s anticompetitive conduct. The plaintiffs alleged Sutter Health violated the federal and California antitrust laws when it forced health plans to negotiate with its hospitals on a systemwide (rather than hospital-by-hospital) basis beginning in the late 1990s or early 2000s and to accept anticompetitive provisions in its contracts. 

In their brief, COSAL and AAI argue that the district court erred in excluding certain pre-class period evidence that was contemporaneous with the defendant’s consideration and implementation of the challenged restraint of trade. This exclusion was error because evidence regarding the history of the restraint and the reasons for its adoption are relevant to the jury’s assessment of a Sherman Act claim, and is independently sufficient to demonstrate a violation under California’s Cartwright Act. The brief also argues that the district court erred in allowing the jury to consider evidence of market power and market definition from the perspective of the individual insured, rather than from the perspective of the health plans, which the Ninth Circuit and other courts of appeal have recognized are the actual payors within the healthcare marketplace.

LGN is a longtime member of COSAL, which was founded in 1986 to promote and support the enactment, preservation, and enforcement of a strong body of antitrust laws in the United States. Ms. Marttila serves as the vice-chair of COSAL’s amicus committee.

19 LGN Attorneys Named Super Lawyers & Rising Stars

Lockridge Grindal Nauen is proud to announce that nineteen of the firm’s attorneys were selected as 2022 Minnesota Super Lawyers and Rising Stars.

Kate Baxter-Kauf, Joe Bruckner, Brian Clark, Susan Ellingstad, Gregg Fishbein, Yvonne Flaherty, Ted Grindal, Dick Lockridge, Kristen Marttila, Charlie Nauen, Rebecca Peterson, Karen Hanson Riebel, Robert Selquist, Heidi Silton, and David Zoll have been named Super Lawyers. Super Lawyers recognizes the top 5% of outstanding lawyers in each state, who have attained a high degree of peer recognition and professional achievement, from more than 70 practice areas. 

Joe Bourne, Rebecca Kanninen, Rachel Kitze Collins, and Arielle Wagner have been named Rising Stars. The Rising Stars recognition is given to the top 2.5% of up-and-coming attorneys in the state who are either 40 years or younger, or who have been practicing for 10 years or less. 

The selection process is multi-phased including independent research, peer nominations, and peer evaluations.

LGN Attorneys Participate in Minnesota State Bar Association Panel

LGN Attorneys Jessica Servais and Joe Bourne participated in a panel discussion regarding recent court decisions under Federal Rule of Civil Procedure 23, focusing on class certification decisions in antitrust cases, including the relevant facts and legal analysis in those decisions. Panelists also discussed the effect non-antitrust class certification decisions may have on antitrust litigation in the future.