Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Law360, in “Dow Deal Shows Post-Scalia Court Spooks Class Defendants,” by Jeff Zalesin. (Read the full version – subscription required.)
Following is an excerpt:
If a defendant had been banking on pro-business decisions that it believed the Supreme Court was about to issue, Justice Scalia’s death changes that calculus, Gerson said.
Lower court judges also may try to figure out what the Supreme Court will do next, Gerson added. For companies such as Gerson’s clients in antitrust cases, the process of sizing up litigation risk includes getting a sense of how inclined the judge will be to anticipate the high court’s direction, he said.
“The trial judge is going to have his or her opinion influenced, if it’s a good judge, by what he or she thinks the Supreme Court is likely to enunciate with respect to antitrust law, antitrust standing or the viability of a class,” he said.
