Latest Case: Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH (Business Law)

Virginia Delivers a Rebuke to Trump’s Execution Spree and Points to the End of America’s Death Penalty

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—comments on the news that both houses of the Virginia General Assembly passed legislation abolishing the death penalty in that state. Professor Sarat explains why Virginia’s change in policy is so significant: it has executed more people than any other state and is the first state south of the Mason-Dixon line to abolish capital punishment.

Read More

The Post-Pandemic Workplace

SAMUEL ESTREICHER, ELENA J. VOSS

NYU law professor Samuel Estreicher and Elena J. Voss, associate general counsel for the Metropolitan Museum of Art, provide a roadmap of how employers can ready their workplaces for post-pandemic life. Professor Estreicher and Ms. Voss describe the importance of employers determining their workplace vision, communicating that vision to employees, defining what a “flexible” workplace means, setting clear policies with definitive maximums and minimums.

Read More

Would Senate Republicans Abandon Their Baseless Arguments if There Were a Secret Ballot?

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan considers whether a secret ballot is a good idea, or even permissible, in former President Trump’s impeachment trial. Professor Buchanan ultimately takes no position on the question of a secret ballot, suggesting that it might simply be an easy way out for Senate Republicans; he argues that what matters most is that the trial go forward, revealing an open-and-shut case against Donald Trump.

Read More

Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH

Docket: 200, 2020

Opinion Date: February 8, 2021

Judge: Per Curiam

Areas of Law: Business Law, Contracts, Legal Ethics

In 2010, Appellants Meso Scale Diagnostics, LLC and Meso Scale Technologies, LLC (collectively “Meso”) filed suit in the Delaware Court of Chancery against Appellee entities Roche Diagnostics GmbH, Roche Diagnostics Corp., Roche Holding Ltd., IGEN LS LLC, Lilli Acquisition Corp., IGEN International, Inc., and Bioveris Corp. (collectively “Roche”), all of which were affiliates or subsidiaries of the F. Hoffmann -- La Roche, Ltd. family of pharmaceutical and diagnostics companies. Meso alleged two counts of breach of contract. Roche prevailed at trial, and the Delaware Supreme Court affirmed the judgment in 2014. In 2019, Meso brought a new action asking the court to reopen the case, vacate the judgment entered after trial, and order a new trial. Meso alleged that the Vice Chancellor who decided its case four years earlier had an undisclosed disabling conflict, namely, that Roche’s counsel had been simultaneously representing him in an unrelated federal suit challenging the constitutionality of Delaware’s law providing for confidential business arbitration in the Court of Chancery, 10 Del. C. 349. In that federal litigation, which ended in 2014, the Chancellor and Vice Chancellors of the Court of Chancery, as the parties responsible for implementing the challenged statute, were nominal defendants (hereinafter, the “Judicial Officers”). The Court of Chancery denied relief and dismissed the action. Meso appealed. Finding no reversible error, the Supreme Court affirmed the Court of Chancery.