 Daniel A. Small Dan Small, a Partner at Cohen Milstein, joined the Firm in 1988 and is a member of the Antitrust practice group.
Among the antitrust cases on which Mr. Small is currently working are: In re Microsoft Antitrust Litigation (D. Md.), in which he serves as chair of the experts committee and Rasmussen v. General Motors (Cir. Ct., Milwaukee Cty., Wisc.) (and related cases in eight other states), a state-wide class action alleging conspiracy among auto manufacturers and distributors to maintain dual price systems between the United States and Canada. He was co-lead counsel for the end-user plaintiffs in In re Buspirone Antitrust Litigation (S.D.N.Y.), a case alleging monopolization and market allocation claims against a brand name drug manufacturer for delaying generic entry to the market that settled for $90 million. Mr. Small also was lead counsel for the plaintiffs in Pease, et al. v. Jasper Wyman & Son, et al. (Super. Ct., Knox Cty., Me), a price-fixing class action brought on behalf of Maine wild blueberry growers. The case was tried in November 2003, and the jury returned an $18.68 million verdict for the Class, which after trebling and other additions, resulted in a $56 million judgment.
Mr. Small’s substantial appellate experience includes briefing and arguing Free v. Abbott Laboratories in the United States Supreme Court. The case presented the issue of whether a supplemental jurisdiction statute overruled Zahn v. International Paper Co. The Court split 4-4, with Justice O'Connor recusing herself. Mr. Small successfully briefed and argued appeals before the Seventh Circuit Court of Appeals in In re Brand Name Prescription Drug Antitrust Litigation (7th Cir. 1997) on the issue of whether the district court had subject matter jurisdiction, and in Paper Systems, Inc. v. Nippon Paper Industries Co., Ltd. (7th Cir. 2002) holding that the federal direct purchaser rule does not immunize a defendant from liability for the direct sales of its co-conspirators. Mr. Small also briefed and argued the appeal in Mack v. Bristol-Myers Squibb (Fla. 1st DCA 1996), the first opinion construing the Florida Deceptive and Unfair Trade Practices Act to permit indirect purchasers to sue for damages for antitrust violations.
He has been a speaker at events organized by the American Antitrust Institute, the Conference Board, the American Bar Association and the District of Columbia Bar, among others.
Mr. Small is a 1981 graduate of Colgate University, receiving a B.A. (cum laude) in History. He graduated from the American University’s Washington College of Law in 1986 and joined Cohen Milstein after serving as Law Clerk to the Honorable Roger Vinson, U.S. District Judge for the Northern District of Florida (1986 to 1988).
Mr. Small is admitted to practice in Maryland and the District of Columbia.
Contact: dsmall@cmht.com Practice Area: |
