Shady Grove And State Limits On Competition Claims
May 19, 2010, 12:58 PM EDT
Law360, New York (May 19, 2010, 12:58 PM EDT) -- The U.S. Supreme Court’s recent decision in Shady Grove Orthopedic Associates PA v. Allstate Insurance Co., 130 S. Ct. 1431, 176 L. Ed. 2d 311 (2010), means that federal courts can hear certain state-law claims as class actions, even if class action treatment would be prohibited under state law. For competition law practitioners, the decision requires a re-examination of state-law restrictions on competition claims.
Shady Grove grew out of a dispute between a medical provider and an insurance company over New York’s statutory penalty for the...