Skip to main content

So Magistrate Judge Goodman Just Entered a 101 Page Procaps Order!

Do you have time to read a novella this morning?

In a consent case before Magistrate Judge Goodman, surely one of the most heavily-litigated civil cases in our District, the Good Goodman has decided to enter an order granting sj to the Defendant (italics are simply for emphasis):
This litigation arose out of a Collaboration Agreement between two companies involved in the pharmaceutical business, Plaintiff Procaps S.A. (“Procaps”) and Defendant Patheon Inc. (“Patheon”). Procaps and Patheon have spent much of the past three years involved in an expensive, bitter, time‐consuming, and hard‐fought legal battle in federal court. Procaps contends that Patheon, in effect, turned on it relatively soon after their Collaboration Agreement was formed by acquiring Procaps’ principal competitor, Banner Pharmacaps (“Banner”).

The Collaboration Agreement, however, contains a dispute resolution clause which requires breach of contract claims, fraud in the inducement claims and disputes other than a limited list of excluded claims to be resolved through arbitration. An antitrust claim is one of the few types specifically excluded from the mandatory arbitration provision. Procaps decided to file an antitrust lawsuit.

Although Procaps agreed (and still agrees) that the Collaboration Agreement was lawful when initially enacted even though it contained horizontal market allocation provisions, it later alleged that Patheon transformed the Collaboration Agreement into an illegal restraint when it acquired Banner.

Over the past three years, Procaps has developed evidence which, if accepted by a fact‐finder in a breach of contract claim, could support a compelling narrative about a company wronged by a business partner who should have been working with it under the comprehensive written Agreement. But, as noted, the Collaboration Agreement bans a traditional breach of contract lawsuit (i.e., it must be arbitrated), so the issue now is whether Patheon is entitled to a ruling in its favor on its summary judgment motion
[ECF No. 889] targeting Procaps’ remaining federal antitrust claim.

The Court has reviewed the motion, briefs, proposed orders, and evidentiary record, and heard oral argument at a hearing lasting almost eight hours on September 24, 2015. For the reasons set forth below, the Court grants Patheon’s motion.
Eight hours of oral argument, culminating in a 101 page order?!?!?!

What is this, Shoah?

(Sorry, the Holocaust and pop culture from the 70s and 80s are pretty much my only references).

It's a dead man's party -- Happy Halloween!


  1. The look on Rodney Dangefield's face when he's dancing with three girls is too priceless!

    Happy Halloween, SFL.

  2. Alan Rosenthal.....walking time bomb

  3. The White Male Anglo (Bloch) is going down baby

  4. Strong showing by federal judges at minority mentoring picnic. not.


Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.