Daniel A. Small
Daniel A. Small is a 1981 graduate of Colgate University (B.A.,
cum laude); he graduated from Washington College of Law in 1986.
He 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). He specializes in antitrust litigation
and has represented plaintiffs and plaintiff classes in numerous
antitrust actions. He is co-chair of Cohen Milstein's antitrust
practice group.
Mr. Small is serving as lead counsel for the plaintiffs in multiple
antitrust class actions. The court appointed Mr. Small lead counsel
in Paper Systems Inc., et al. v. Mitsubishi Corp., et al., No.
96-C-0959 (E.D. Wis.), involving an international conspiracy to
fix prices of jumbo roll thermal facsimile paper. He is lead counsel
for the indirect purchaser plaintiffs in In re Buspirone Antitrust
Litig., MDL No. 1413 (S.D.N.Y.), who are pursuing monopolization
and market allocation allegations against a brand name drug manufacturer
for delaying generic entry, and for the plaintiffs in Pease, et
al. v. Jasper Wyman & Son, et al., No. CV-00-015 (Super. Ct.,
Knox Cty., Maine), a price-fixing class action on behalf of Maine
wild blueberry growers.
Mr. Small has substantial appellate experience, including briefing
and arguing Free v. Abbott Laboratories, No. 99-391, 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 Litig., 123 F.3d 599 (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.
281 F. 3d 629 (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 briefed and
argued the appeal in Mack v. Bristol-Myers Squibb Co., 1996-1
Trade Cas. (CCH) 71,401 (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.
Among the additional antitrust cases on which Mr. Small has
For more information about this program, contact the Section at antitrust@abanet.org.