LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - 3rd Circuit Vacates Class Certification In Blood Reagent Case For Daubert Findings

PHILADELPHIA - In light of a U.S. Supreme Court ruling handed down after a trial court certified an antitrust class against the producers of blood reagents, a Third Circuit U.S. Court of Appeals panel on April 8 reversed and remanded the certification ruling, directing the trial court to consider the...

Mealey's Antitrust/Unfair Competition - Judge Allows Class Claims Over Misleading Labeling On Drink Package To Continue

SAN JOSE, Calif. - A federal judge in California on April 8 declined to dismiss a class action accusing a beverage maker of misleading consumers by placing "All Natural" on its packaging for a sunflower drink when the product actually contains artificial or synthetic ingredients in violation...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim From Suit Over Defective GPS Systems

SANTA ANA, Calif. - A federal judge in California on April 9 dismissed a state unfair competition law claim (UCL) from a dispute over a defect in a portable navigation device but allowed claims for breach of express warranty and breach of implied warranty to continue (TomTom International v. Broadcom...

Mealey's Antitrust/Unfair Competition - Bench Trial Concludes In Case Over Coverage For Excess Skin Removal

ALAMEDA, Calif. - The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having a physician review...

Mealey's Antitrust/Unfair Competition - Real Estate Listing Service's Trade Secrets Suit Against Zillow Mostly Dismissed

OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc...

Mealey's Antitrust/Unfair Competition - American Apparel Faces Class Complaint Following Mass Layoff

LOS ANGELES - Three California residents on April 16 filed a class complaint against their former employer, American Apparel Inc., alleging that the clothing company violated the Worker Adjustment and Retraining Notification Act (the WARN Act), the California WARN Act and California Business and Professions...

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim In Foreclosure Case

SAN FRANCISCO - A federal judge in California on April 17 dismissed claims based on fraud and the state's unfair competition law (UCL) with prejudice in an alleged wrongful foreclosure case, while dismissing four other claims with leave to amend (Dan Wiskind v. JPMorgan Chase Bank, No. 14-4223, N...

Mealey's Antitrust/Unfair Competition - Preliminary Approval Of Settlement In Insurance Kickback Suit Granted

SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's...

Mealey's Antitrust/Unfair Competition - UCL Claim For Restitution To Continue In Substance Abuse Program Suit

SAN DIEGO - A federal judge in California on April 22 partially granted defendants' motion to dismiss a state unfair competition law (UCL) claim in a dispute over an allegedly fraudulent substance abuse program, finding that the parents had standing to bring the claim and seek restitution but could...

Mealey's Antitrust/Unfair Competition - Judge: Defendant Failed To Establish Predicate Act In Support Of UCL Claim

OAKLAND, Calif. - A federal judge in California on April 24 held that the plaintiff in a trade secrets case failed to establish a predicate breach of contract in support of its state unfair competition law (UCL) claim; therefore, the defendant was entitled to have judgment entered in its favor (Netlist...

Mealey's Antitrust/Unfair Competition - Class Action Lawsuit Accuses Service Provider Of Failing To Back Up Data

LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because...

Mealey's Antitrust/Unfair Competition - Pennsylvania Federal Judge Dismisses Patent Monopolization Claim

PHILADELPHIA - Allegations by the Federal Trade Commission that several defendants engaged in monopolization by initiating alleged sham litigation against Teva Pharmaceuticals USA Inc. in Delaware federal court were dismissed by a Pennsylvania federal judge on May 6 (Federal Trade Commission v. AbbVie...

Mealey's Antitrust/Unfair Competition - California Supreme Court: Reverse Payments Can Be Challenged Under State Law

SAN FRANCISCO - A Fourth District California Court of Appeal ruling that the settlement of infringement litigation involving a generic form of the antibiotic Cipro did not constitute an illegal restraint of trade because the settlement term did not extend beyond the scope of the patent was reversed May...

Mealey's Antitrust/Unfair Competition - Mayweather And Pacquiao Accused Of Giving Viewers A Sham Boxing Match

PHILADELPHIA - Two Pennsylvania men filed a class complaint in the U.S. District Court for the Eastern District of Pennsylvania on May 6 against the participants and promotors of a boxing match between Floyd Mayweather and Emmanuel Pacquiao touted as "The Fight of the Century" for giving them...

Mealey's Antitrust/Unfair Competition - Judge Declines To Remand Data Breach Class Action Against Blue Cross

LOS ANGELES - Finding that Blue Cross of California presented plausible evidence to establish federal jurisdiction over a putative class action related to liability from a data breach, a California federal judge in a May 5 in chambers order denied the plaintiffs' motion to remand to state court ...

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses Bread Labeling Claims, Allows Amendment

SAN JOSE, Calif. - A federal judge in California on May 6 dismissed with leave to amend a plaintiff's class action claims, including one for violation of the state's unfair competition law (UCL), against a bread manufacturer for allegedly misleading labels, saying the claims were not pleaded...

Mealey's Antitrust/Unfair Competition - UCL Claim Among Those Continuing In Organic Misbranding Suit

WHITE PLAINS, N.Y. - Class action claims, which include a California state unfair competition law (UCL) claim, will continue against the producer and seller of food, body care and home care products after a New York federal judge on May 7 held that federal laws did not preempt the plaintiffs' claims...

Mealey's Antitrust/Unfair Competition - Georgia Federal Judge: Patent Settlement Studies Not Discoverable

ATLANTA - A motion to compel the underlying material in 27 "general" studies produced by the Federal Trade Commission relating to settlements of patent disputes between brand-name and generic drug manufacturers was denied May 11 by a Georgia federal judge (In re: Androgel Antitrust Litigation...

Mealey's Antitrust/Unfair Competition - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claims Over Male Enhancement Supplement, Allows Amendment

SAN DIEGO - A federal judge in California on May 13 dismissed with leave to amend a plaintiff's class action complaint, which includes state unfair competition law claims (UCL), accusing a supplement maker of falsely labeling a male enhancement supplement because it does not produce the promised...

Mealey's Antitrust/Unfair Competition - Judge Declines To Reconsider Dismissal Of Flushable Wipes Suit

OAKLAND, Calif. - A federal judge in California on May 15 declined to amend a judgment dismissing with prejudice claims, including one for violation of the state's unfair competition law (UCL), in a class action lawsuit alleging that a manufacturer of "flushable" wipes misled consumers...

Mealey's Antitrust/Unfair Competition - Federal Judge Finds TILA And UCL Claims Barred By Res Judicata

OAKLAND, Calif. - A California federal judge on May 22 granted a bank's motion to dismiss a wrongful foreclosure case against it, finding that a borrower's claims for violation of the Truth in Lending Act (TILA) and California's unfair competition law (UCL) were barred by res judicata (Arketha...

Mealey's Antitrust/Unfair Competition - FTC Accepts Reynolds' Divestiture Offer, Allows Lorillard Merger To Proceed

WASHINGTON, D.C. - The U.S. Federal Trade Commission on May 26 accepted the offer of Reynolds American Inc. to sell four of its brands to British cigarette manufacturer Imperial Tobacco Group to settle charges that its proposed merger with Lorillard Inc. would likely be anti-competitive (In the Matter...

Mealey's Antitrust/Unfair Competition - Cephalon, Teva Will Settle Antitrust Claims With $1.2 Billion Payout

PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission...

Mealey's Antitrust/Unfair Competition - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing...