$54.5 Million Settlement Proposed in Duke/UNC “No Poach” Employee Anticompetition Lawsuit

On May 20, 2019, a settlement valued at $54.5 million was filed in the class action lawsuit against Duke University over an alleged illegal employee-poaching agreement with the University of North Carolina. The proposed settlement came on the same day that the U.S. Department of Justice decided to intervene in the suit by filing a motion to intervene seeking to prohibit Duke and UNC from signing “no-poach” employee agreements during the next five years. [Read more…]

UNC School of Medicine Agrees to Ban No-Hire Arrangements to Settle Antitrust Lawsuit

Duke 'No-Hire' Case

Lieff Cabraser represents Duke University School of Medicine instructor Danielle M. Seaman, M.D., in a class action lawsuit against Duke, UNC Med School, and other entities charging that the defendants entered into an express, secret agreement not to hire or attempt to hire certain medical facility faculty and staff that they each employed, reducing or eliminating competition for skilled medical labor. The lawsuit seeks to recover damages and obtain injunctive relief, including treble damages, for defendants’ alleged violations of federal and North Carolina antitrust law. [Read more…]

Appeals Court Denies Dismissal of Duke/UNC “No-Hire” Employment Lawsuit

Duke 'No-Hire' Case

The University of North Carolina Health Care System and Duke University have lost their most recent appeal against a lawsuit alleging the universities’ hiring policies violate federal anti-trust law, reports Law360. The 4th U.S. Circuit Court of Appeals deny review of a lower court decision to allow the lawsuit by a Duke radiologist to go forward, despite the defense’s argument that UNC’s medical dean is an agent of the state and should therefore be immune to legal liability. [Read more…]

Defendants’ Motions to Dismiss Denied in Duke/UNC “No Hire” Agreement Employee Wage Suppression Litigation

Antitrust

Lieff Cabraser represents Danielle M. Seaman, M.D., in a class action lawsuit against Duke University; Duke University Health System; and Dr. William L. Roper, Dean and Vice-Chancellor of Medical Affairs for University of North Carolina at Chapel Hill School of Medicine, and Chief Executive Officer of the University of North Carolina Health Care System. The complaint charges that the defendants entered into an express, secret agreement not to hire each other’s faculty, with the intent and effect of suppressing the mobility and pay of each other’s skilled medical employees. [Read more…]