Mealey's Antitrust/Unfair Competition - Traditional Union Activity Is Exempt From Federal Antitrust Laws, Judge Says

PORTLAND, Ore. - Because a counterclaim alleged against a union is based on traditional union activity, the counterclaim cannot be sustained as the conduct is exempt from federal antitrust laws, an Oregon federal judge said March 24 (International Longshore and Warehouse Union et al., v. ICTSI Oregon...

Mealey's Antitrust/Unfair Competition - Magistrate Refuses To Dismiss Suit Alleging Force-Placed Insurance Kickback Scheme

SAN FRANCISCO - A California federal magistrate on March 21 refused to dismiss a putative class action alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance (Stephen Ellsworth, et al. v. U.S. Bank, N.A., et al., No. C 12-02506...

Mealey's Antitrust/Unfair Competition - Unjust Enrichment Claim Dismissed In Class Actions Alleging Dog Treat Dangers

PITTSBURGH - Defendants accused in class action lawsuits consolidated in the U.S. District Court for the Western District of Pennsylvania of manufacturing and marketing dog treats that harm the dogs by causing kidney damage and death were granted a motion to dismiss an unjust enrichment claim on March...

Mealey's Antitrust/Unfair Competition - Judge Dismisses State, Federal Law Claims Against Virtual Currency Provider

SAN JOSE, Calif. - A federal judge in California on March 24 dismissed a virtual currency provider's complaint against a number of its competitors, ruling that the provider lacks standing to bring its claims because it is not a competitor of the defendants and could not suffer a competitive disadvantage...

Mealey's Antitrust/Unfair Competition - Judge Finds Plaintiffs' TILA Claim Untimely, Allows Partial Amendment To Complaint

SAN DIEGO - A federal judge in California on March 24 dismissed with prejudice a couple's allegation that their loan servicer violated the Truth in Lending Act (TILA) by failing to inform them that it had been assigned to their loan, finding that the plaintiffs received a letter providing the information...

Mealey's Antitrust/Unfair Competition - 2nd Circuit: Silver Price-Fixing Allegations Against JPMorgan Fail

NEW YORK - The Second Circuit U.S. Court of Appeals on March 27 in an unpublished order affirmed the dismissal of claims that JPMorgan violated federal antitrust law by participating in a conspiracy to manipulate market prices for silver futures (In re: Commodity Exchange, Inc. Silver Futures and Options...

Mealey's Antitrust/Unfair Competition - Panel: Antitrust Claims For Foreign Purchases Of Components Properly Dismissed

CHICAGO - Motorola's claims that suppliers of liquid crystal display (LCD) panels engaged in a global price-fixing conspiracy based on overseas purchases by Motorola's foreign affiliates do not fall under the Foreign Trade Antitrust Improvements Act's (FTAIA) domestic injury exception and...

Mealey's Antitrust/Unfair Competition - 2nd Circuit Remands For Determination Of Whether Conspiracy Claim Is Discharged

NEW YORK - The Second Circuit U.S. Court of Appeals on March 27 remanded a lawsuit alleging that United Air Lines participated in a conspiracy to fix the price of air cargo shipments in violation of Section 1 of the Sherman Act, instructing the trial court to determine whether the antitrust claim was...

Mealey's Antitrust/Unfair Competition - Judge Decertifies Nationwide Competition Law Class Action Against Juice Maker

LOS ANGELES - A federal judge on March 25 decertified a nationwide class of consumers in litigation challenging the marketing of pomegranate juice products under California's unfair competition law (UCL) and other statutes, finding that the consumers failed to show that common issues of fact regarding...

Mealey's Antitrust/Unfair Competition - Wal-Mart Files Suit Against Visa Seeking $5 Billion Over 'Swipe Fees'

FAYETTEVILLE, Ark. - Wal-Mart Stores Inc. and other retailers filed a complaint on March 25 in an Arkansas federal court against Visa U.S.A. Inc., alleging that Visa worked with banks to illegally inflate the "swipe fees" retailers pay for Visa transactions and requesting more than $5 billion...

Mealey's Antitrust/Unfair Competition - 9th Circuit Revives Certain Claims In Libor-Manipulation Case

SAN FRANCISCO - The Ninth Circuit U.S. of Appeals on March 27 reversed parts of a district court's decision that a mortgage borrower lacked standing to bring a suit alleging that Deutsche Bank National Trust and Barclays Bank manipulated London Interbank Offered Rate (Libor) to drive up mortgage...

Mealey's Antitrust/Unfair Competition - Petitioners Ask High Court To Decide Whether Action Is Appealable

WASHINGTON, D.C. - Plaintiffs from a multidistrict litigation alleging that several banks rigged the London Interbank Offered Rate (Libor) on March 26 filed a petition for writ of certiorari in the U.S. Supreme Court, requesting that the high court decide whether a dismissed suit in a consolidated action...

Mealey's Antitrust/Unfair Competition - Reliance Not Alleged In UCL Claim Against EBay Auctions, 9th Circuit Rules

SAN FRANCISCO - An eBay user did not plausibly allege that he relied on alleged misrepresentations by eBay Inc. when using the online market site's automatic bidding auction service, so his claim under California's unfair competition law (UCL) fails, a Ninth Circuit U.S. Court of Appeals panel...

Mealey's Antitrust/Unfair Competition - Antitrust, Trade Practice Claims Over Texas E-Filing Requirements Dismissed

HOUSTON - A Texas federal judge on March 31 dismissed a putative class action against a provider of e-filing services in Texas county courts for failure to demonstrate antitrust standing and for not establishing unconscionability or violations of the Texas Constitution (Karen McPeters, et al. v. LexisNexis...

Mealey's Antitrust/Unfair Competition - 9th Circuit Reinstates UCL, Antitrust Claims Over Panasonic Memory Cards

SAN FRANCISCO - A federal court erred in dismissing antitrust and California unfair competition law (UCL) claims against a manufacturer of computer memory cards based on the statute of limitations because the manufacturer committed two overt acts during the limitations period, which extended the deadline...

Mealey's Antitrust/Unfair Competition - Calif. Appeals Court: Class Action Waiver In Satellite TV Agreement Unenforceable

LOS ANGELES - A class action against a satellite TV company alleging that its early termination fees violate California's unfair competition law (UCL) and other laws cannot be resolved through arbitration because the arbitration provision in the company's customer agreement contains a class action...

Mealey's Antitrust/Unfair Competition - Homeowners' UCL Claims Over Foreclosure Actions Survive Dismissal Bid

SACRAMENTO, Calif. - A federal judge on April 4 refused to dismiss homeowners' claims under the "unfair" and "unlawful" prongs of California's unfair competition law (UCL) challenging a lender's pending foreclosure of their home after finding that the homeowners adequately...

Mealey's Antitrust/Unfair Competition - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete...

Mealey's Antitrust/Unfair Competition - 9th Circuit: UCL Allegation Is Trespass Claim Under Local Action Doctrine

SAN FRANCISCO - A California federal court lacks jurisdiction to hear a Connecticut landlord's class action claim that DIRECTV Inc. violates California's unfair competition law (UCL) by placing satellite TV dishes on apartment houses without consent of the owner because the claim is actually...

Mealey's Antitrust/Unfair Competition - Illinois Federal Judge Denies NFL Summary Judgment In Exclusive Licensing Case

CHICAGO - A federal judge in Illinois on April 7 denied cross-motions for summary judgment on American Needle Inc.'s antitrust claims related to conduct by the National Football League, its 32 teams and the clubs' wholly owned licensing company in granting an exclusive license to Reebok International...

Mealey's Antitrust/Unfair Competition - UCL, Negligence Claims For Grocer's Lack Of Recall Notice Survive Summary Judgment

SAN FRANCISCO - A federal judge on April 7 denied Safeway Inc.'s bid for summary judgment on consumer class action claims that the grocer was negligent and violated California's unfair competition law (UCL) by failing to notify "Club Card" members of product recalls, finding that the...

Mealey's Antitrust/Unfair Competition - Federal Judge: Standing, Harm, Reliance Shown In 'Natural' Shampoo Claims

SACRAMENTO, Calif. - Consumers have standing to pursue California unfair competition law (UCL) class action claims alleging that a global consumer goods company misrepresented that its "naturals" line of hair care products contained no artificial ingredients because they adequately pleaded...

Mealey's Antitrust/Unfair Competition - Amended Labeling Claims Meet UCL Pleading Standards, California Federal Judge Says

SAN FRANCISCO - A consumer's revised allegations that he relied on a juicemaker's false and misleading "No Sugar Added" statement when deciding what 100 percent apple juice product to buy and that he will buy less of the product in the future due to the misrepresentation are sufficient...

Mealey's Antitrust/Unfair Competition - N.Y. Federal Judge: Fraud Claims Against Publishing Company Can Proceed

NEW YORK - A New York federal judge on April 11 dismissed a parent corporation from a putative class action alleging that a company that sells publishing and marketing services to people who want to self-publish books has defrauded customers; however, the judge allowed claims under California's unfair...

Mealey's Antitrust/Unfair Competition - California Federal Judge Grants Partial Summary Judgment In NCAA Likeness Suit

OAKLAND, Calif. - A California federal judge on April 11 granted a motion to amend the class definition and partially granted a summary judgment motion both filed by current and former student-athletes who have accused the National Collegiate Athletic Association of misappropriating their names, images...