LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - 9th Circuit Reverses Dismissal Of Antitrust Class Action Against Apple

SAN FRANCISCO - Apple Inc. did not establish that AT&T Mobility, its alleged co-conspirator in a putative antitrust class action related to service for Apple's iPhones, was a necessary party to the action, a Ninth Circuit U.S. Court of Appeals panel majority ruled June 29, reversing a trial court's...

Mealey's Antitrust/Unfair Competition - California Appeals Court Affirms Class Settlement In Product Labeling Suit

SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim...

Mealey's Antitrust/Unfair Competition - 9th Circuit Reverses In Trademark Dispute Over Amazon.com Results

SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on July 6 ruled that the manner in which Amazon.com Inc.'s website responds to a shopper's search request could create a likelihood of confusion (Multi Time Machine Inc. v. Amazon.com Inc. and Amazon Services LLC, No....

Mealey's Antitrust/Unfair Competition - California Federal Judge Reserves Ruling On UCL Claim In Home-Loan Dispute

OAKLAND, Calif. - A federal judge in California on July 6 reserved ruling on a state unfair competition law (UCL) claim in a home-loan dispute until the plaintiff has time to respond to a show-cause order as to why her claim for an alleged violation of California Civil Code Section 2923.5 should not...

Mealey's Antitrust/Unfair Competition - Methodology Fatal To Expert Opinions In Infringement Case, Magistrate Judge Says

SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al....

Mealey's Antitrust/Unfair Competition - Caretakers For Disabled Adults Are Granted Class Certification In Wage-And-Hour Suit

SAN JOSE, Calif. - A California federal judge on July 7 certified a class of workers who provide companionship and care to disabled adults and are seeking unpaid overtime (Horacio De Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-5235, N.D. Calif.; 2015 U.S. Dist. LEXIS 88091).

Mealey's Antitrust/Unfair Competition - Nissan To Settle Claims Over Electric Car Battery Life

LOS ANGELES - A California federal judge on July 7 granted final approval of settlement, valued by the plaintiffs at $24 million, to be paid by Nissan North America Inc. in a class suit accusing the company of misrepresenting the driving range and battery life of the its electric car (Humberto Daniel...

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses Class Action Suit Over Weight Loss Product

SAN FRANCISCO - A federal judge in California on July 9 dismissed all claims, including a state unfair competition law (UCL) claim, from a class action lawsuit accusing a manufacturer of falsely representing that its product JavaSLIM would lead to rapid weight loss (Alhareth Aloudi v. Intramedic Research...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses All Claims In Chiropractor's Anti-Competition Lawsuit

SANTA ANA, Calif. - A federal judge in California on July 10 dismissed multiple claims, including a state unfair competition law (UCL) claim, from a chiropractor's suit accusing the developer of a patented massage technique and the company certifying the technique for use by other chiropractors of...

Mealey's Antitrust/Unfair Competition - 4 Airlines Hit With Class Suit Alleging Price-Fixing Scheme

DALLAS - Five consumers filed a class complaint on July 8 in the U.S. District Court for the Northern District of Texas against four major airlines, accusing them of conspiring to fix, raise, maintain or stabilize airline ticket prices in violation of Section 1 of the Sherman Act (Elizabeth C. Cumming...

Mealey's Antitrust/Unfair Competition - California Federal Judge Issues Dismissal Ruling In Beverage Labeling Suit

SAN FRANCISCO - A federal judge in California on July 13 dismissed without prejudice most claims in a class action complaint accusing a beverage manufacturer of placing misleading antioxidant-related statements on their products' labels in violation of the state's unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - Arbitration Ordered In Match.com Cancellation Notice Class Suit

LOS ANGELES - Match.com subscribers who claim that they were not provided with the proper notice about their rights to cancel their subscriptions must arbitrate their claims, a California federal judge ruled July 10 (Zeke Graf v. Match.com, LLC, No. 15-3911, C.D. Calif.; 2015 U.S. Dist. LEXIS 90061)...

Mealey's Antitrust/Unfair Competition - Deposition Violation Sanctions Awarded To Both Parties In Trademark Dispute

LOS ANGELES - In a pair of July 10 in chambers orders, a California federal magistrate judge found deposition-related violations by two lawyer placement firms embroiled in a trademark infringement and unfair competition lawsuit, awarding sanctions to each (Lateral Link Group LLC v. Habeas Corp., et al...

Mealey's Antitrust/Unfair Competition - Federal Judge Refuses To Reconsider Ruling Letting Baby Formula Suit Proceed

LOS ANGELES - A recent decision by the Fourth Circuit U.S. Court of Appeals on the standard of proof in false advertising actions does not provide a basis for dismissing a suit alleging that the manufacturer of infant formula made false representations and engaged in misleading practices in the marketing...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Android Privacy Class Claims For 4th And Final Time

SAN JOSE, Calif. - After giving a putative class of Android smartphone users three opportunities to amend their complaint to allege privacy claims against Google Inc., a California federal judge on July 15 granted Google's fourth motion to dismiss, this time without leave to amend (In re Google,...

Mealey's Antitrust/Unfair Competition - Former Uber Driver Claims Injury From Data Breach, Opposes Dismissal Motion

SAN FRANCISCO - In a July 20 brief opposing dismissal, a former driver for Uber Technologies Inc. asserts that he was a victim of identity theft as a result of a data breach experienced by his former employer and, therefore, he has sustained an injury sufficient to established standing to bring his class...

Mealey's Antitrust/Unfair Competition - Divided Federal Circuit: No Commercial Marketing Of Biologic Without FDA License

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 21 affirmed dismissal of California state law unfair competition and conversion claims, but vacated a California federal judge's interpretation of the Biologics Price Competition and Innovation Act (BPCIA) as...

Mealey's Antitrust/Unfair Competition - Judge Strikes Claims In Lidoderm Pay-For-Delay Case Filed By Retailers

SAN FRANCISCO - Retail establishments do not have standing to bring claims on their own behalf as indirect purchasers and have not adequately pleaded that they are entitled to injunctive relief in a pay-for-delay case, a California federal judge ruled July 17, while permitting the grocery stores an opportunity...

Mealey's Antitrust/Unfair Competition - Federal Judge Preliminarily Approves $12 Million Settlement In Tuna Suit

SAN FRANCISCO - A federal judge in California on July 23 granted preliminary approval of a $12 million settlement in a class action lawsuit accusing a tuna manufacturer and distributor of under-filling its products in violation of the state's unfair competition law (UCL) and approved the plaintiff's...

Mealey's Antitrust/Unfair Competition - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based...

Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL, False Advertising Claims Over Phone App

FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses UCL Claim Related To Bank's Denial Of Loan Modification

OAKLAND, Calif. - After finding that a property owner failed to allege facts to show that she had standing to bring a claim for violation of California's unfair competition law (UCL) or that a bank had a legal duty to her, a California federal judge on July 27 dismissed her claims with leave to amend...

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Borrowers' California Law Claims To State Court

LOS ANGELES - After finding no diversity jurisdiction, a California federal judge on July 27 granted a motion to remand a lawsuit filed against numerous banks in relation to their handling of a loan modification request to a state court (Guadalupe M. Roman, et al. v. Bank of America, N.A., et al., No...

Mealey's Antitrust/Unfair Competition - California Appellate Panel: Claims Examiners' Wage Suit Not Eligible For Class Cert

LOS ANGELES - A lawsuit filed by an insurance claims examiner who alleges that she and other similarly situated examiners were improperly classified as exempt from receiving overtime is not appropriate to proceed as a class action because individual issues predominate, a California appellate panel ruled...