Daniel E. Laytin, P.C.

Antitrust

• Lead counsel for Clemens Family Corporation in an antitrust conspiracy case pending in federal court in Minneapolis alleging an agreement among pork producers to reduce supply and exchange competitively sensitive information to raise pork prices to all users. See “Lawsuit claims U.S. pork companies conspired to inflate prices,” Reuters, June 28, 2018.
• Lead counsel for Eli Lilly & Co. in putative class action alleging antirust conspiracy relating to covered entities’ ability to obtain insulin through 340B program. Motion to dismiss granted without discovery.
• Representing Thomson Reuters in antitrust monopolization case brought by competitor ROSS Intelligence alleging tie between Westlaw’s “public law database” and its “legal search tools.”
• Lead counsel for Kering, parent company of Gucci and other fashion houses, in putative antitrust class action alleging conspiracy fix eyewear market. Voluntarily dismissed without discovery.
• Representing Dow Chemical Company in putative class action alleging pricing and supply antitrust conspiracy among producers of diisocyanates MDI and TDI.
• Represented Sanderson Farms in separate putative antitrust class actions alleging conspiracies to reduce output and raise prices of broiler chickens, reduce contract growers’ pay, and reduce pay for hourly employees. See “Why America Pays 50% More for Chicken,” Bloomberg, Sept. 22, 2016; “Chicken Prices Under Scrutiny as New Rules Set to Kick In,” Wall Street Journal, Nov. 22, 2016.
• Represented BlueCross and BlueShield Association and multiple Blue Plans, and co-coordinating counsel for all defendants, in putative, consolidated class actions brought by all Blue insureds and all healthcare providers challenging the structure of the BlueCross BlueShield system under the antitrust laws. See “Antitrust Lawsuits Target Blue Cross and Blue Shield,” Wall Street Journal, May 27, 2015. Successfully obtained summary judgment for two defendants. See 2016 WL 6124143 (N.D. Alabama Oct. 20, 2016).
• Lead antitrust attorney for the Chicago Cubs in antitrust case brought by owners of rooftops across from Wrigley Field alleging monopolization and attempted monopolization of alleged market for live Cubs baseball games. Successfully argued against TRO and preliminary injunction that sought to prohibit the Cubs’ erection of a right-field video board and obtained dismissal of antitrust claims. See 80 F. Supp. 3d 829 (N.D. Ill. 2015) (TRO); 87 F. Supp. 3d 874 (N.D. Ill. 2015) (PI); 2015 WL 5731736 (N.D. Ill. Sept. 30, 2015) (MTD).
• Lead counsel for Chicago Infrastructure Trust in an antitrust conspiracy case alleging an agreement between the City of Chicago and CIT to choose a particular lighting vendor for a city project, brought by a failed bidder. The district court dismissed the plaintiffs’ complaint before any discovery. See “Judge: Chicago can allegedly to choose to pay more for “worse” lighting products without breaking antitrust laws,” Cook County Record, April 16, 2018.
• Successfully argued class certification motion in antitrust cases brought against client Navistar Corp., other truck manufacturers, and a transmission manufacturer in putative class actions alleging a conspiracy to monopolize a transmissions market. Court dismissed both direct and indirect purchaser cases following denial of class certification. See 125 F. Supp. 3d 487 (D. Del. 2015).
• Successfully argued motion to dismiss in antitrust case brought against client Trina Solar and other solar panel manufacturers alleging a conspiracy among Chinese solar panel manufacturers to exclude U.S. competitors. See 2014 WL 5511517 (E.D. Mich. Oct. 31, 2014). Reconsideration denied: 2015 WL 4966856 (E.D. Mich. Aug. 20, 2015). Motion to amend judgment denied: 2015 WL 5216579 (E.D. Mich. Sept. 4, 2015). Successfully argued appeal in the Sixth Circuit. See 833 F.3d 680 (6th Cir. 2016). Named Global Competition Review’s “Litigator of the Week” for result. See “Litigator or the Week: Daniel Laytin,” Global Competition Review, August 22, 2016. Related case settled favorably.
• Successfully obtained dismissal and affirmance of dismissal following argument in the Second Circuit for Motorola subsidiary PMC in antitrust case alleging bid rigging for governmental contracts. See 711 F.3d 68 (2d Cir. 2013).
• Lead appellate counsel for ITW in appeal of adverse antitrust and state consumer protection act judgment related to asserted refusal to deal, resale price maintenance, and price discrimination. Obtained state supreme court reversal of antitrust and consumer protection act verdicts with instructions to enter judgment for client on those claims. See 261 P.3d 1143 (Okla. S. Ct. 2011).
• Represented Hill-Rom in a federal antitrust case brought by a competitor alleging monopolization of hospital-bed related markets. Retained following denial of client’s motion to dismiss; case settled favorably.
• Represented numerous other companies, including Baxter, Packaging Corporation of America, Aon, BP, and General Motors in multiple cases, including many putative class actions, around the country.

Non-Antitrust

• Represented former officers of Conseco Inc. in securities fraud class action. Argued motion to dismiss and class certification motion and Seventh Circuit class certification appeal on behalf of all defendants.
• Represented GMAC in action challenging propriety GMAC’s re-organization as a Bank Holding Company. Motion to dismiss granted with prejudice.
• Represented Exxon Mobil against claims brought by a distributor that argued that it had been defrauded by Exxon and Mobil in a post-merger sale of assets, and that it was entitled to exclusive rights to the Mobil brand in most of Texas. Case settled after plaintiff recovered less than three percent of its requested damages at trial.
• Successfully tried dealer dispute for Mitsubishi Motors Sales of America in dealer dispute related to MMSA’s approval of a new dealership in Kansas City, Kansas.