Civil Litigation,
California Supreme Court
Aug. 11, 2020
Analyzing Ixchel v. Biogen’s new rules
Last week, California's Supreme Court established two new pleading rules: For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant's conduct was itself illegal, apart from the "interference." For claims that certain noncompete contracts between businesses violate Business and Professions Code Section 16600, plaintiffs must plead facts suggesting the contracts were anticompetitive under the "rule of reason" standard.
John F. McLean
Counsel
Bartko LLP
litigation
One Embarcadero Center #800
San Francisco , CA 94111
Phone: (415) 291-4597
Fax: (415) 956-1152
Email: jmclean@bartkolaw.com
U Wisconsin Law School
For 43 years, Jack has been involved in antitrust counseling and compliance, and antitrust civil and criminal litigation.
Patrick E. O’Shaughnessy
O'Shaughnessy Legal Counsel PCAntitrust, Intellectual Property, Litigation
1255 Treat Blvd Ste 300
Walnut Creek , CA 94597
Email: patrick@oshaughnessylegal.com
UCLA School of Law
Patrick served as an honors trial attorney at U.S. DOJ's Antitrust Division in Washington, D.C. from 2001 to 2005.
Last week, the California Supreme Court established two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc., 2020 DJDAR 8084 (Aug. 3, 2020). For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant's conduct was itself illegal, apart from the "interference." For claims that certain noncompete con...
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