Mealey's Antitrust/Unfair Competition - Price-Fixing Class Action Claims Against DIPF Sellers Will Continue

TRENTON, N.J. - Direct purchasers of ductile iron pipe fittings (DIPF) have adequately pleaded facts suggesting that sellers of DIPF engaged in a price-fixing conspiracy, a federal judge in New Jersey ruled Aug. 13 in denying the sellers' motions to dismiss (In re Ductile Iron Pipe Fittings [DIPF...

Mealey's Antitrust/Unfair Competition - Indirect Purchaser May Seek Umbrella Damages Under California Antitrust Law

SAN FRANCISCO - An indirect purchaser of plasma-derivative protein therapies is not barred under California's antitrust statute from recovering as damages any overcharges it incurred in purchasing the protein therapies from nonconspirators, even if the purchaser would have paid a lower price in the...

Mealey's Antitrust/Unfair Competition - Bid-Rigging Claims Fail To State Conspiracy Claim, Federal Judge Rules

SAN DIEGO - Antitrust conspiracy claims related to the process through which service providers may compete for government contracts through the federal AbilityOne Program were dismissed by a federal judge in California on Aug. 20 (Bona Fide Conglomerate, Inc. v. SourceAmerica, No. 14cv0751, S.D. Calif...

Mealey's Antitrust/Unfair Competition - Magistrate Judge Grants Preliminary Approval To Work Expenses Deal

SAN FRANCISCO - National cleaning products company Hillyard Inc. will pay $750,000 to settle class claims that it violated California labor laws and unfair competition law (UCL) by failing to reimburse sales representatives for work-related expenses in a deal that received preliminary approval from a...

Mealey's Antitrust/Unfair Competition - Filed-Rate Doctrine Doesn't Bar Some Purchasers' Antitrust Claims, Judge Rules

PITTSBURGH - The filed-rate doctrine precludes the antitrust claims of individual and some small-group purchasers of health insurance against insurer Highmark Inc. and health care provider University of Pittsburgh Medical Center (UPMC), but the filed-rate doctrine may not be applicable to claims of small...

Mealey's Antitrust/Unfair Competition - Coke Mislabeling Claims Survive, But Not To Recoup Large Fee Award, Judge Says

OAKLAND, Calif. - A federal judge on Aug. 21 denied a bid by The Coca-Cola Co. to dismiss consumer class action claims that the company violated California's unfair competition law (UCL) by not listing phosphoric acid as an artificial flavor or chemical preservative on product labels. The judge then...

Mealey's Antitrust/Unfair Competition - Partner In Hangover Drink Venture Alleges Company Defrauded Him Out Of Shares

LOS ANGELES - The makers of the hangover prevention beverage NOHO cheated a former business partner out of more than $5 million in company shares, compensation and commissions by unlawfully canceling the partner's interest in the company, in violation of California's unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - Class Claims Target Sugar Content In Yogurt Sold By Whole Foods Market

LOS ANGELES - Supermarket chain Whole Foods Market Inc. dupes customers into buying its Greek yogurt products by vastly understating on the product labels how much sugar the yogurt contains, in violation of California's unfair competition law (UCL), according to a consumer class action complaint...

Mealey's Antitrust/Unfair Competition - Consumer Should Have Discovered Alleged UCL Misconduct Earlier, Judge Says

SAN JOSE, Calif. - A woman's class action claims that Pfizer Inc. violated California's unfair competition law (UCL) by misrepresenting the effectiveness of antidepressant drug Zoloft are barred by the statute of limitations because she did not show that she diligently tried to discover Pfizer's...

Mealey's Antitrust/Unfair Competition - Allegations Of Malfunctioning Solar Panels Survive Motion To Dismiss

SAN FRANCISCO - Consumers adequately plead class action claims that a solar energy company violated California's unfair competition law (UCL) by selling defective solar panels because the consumers properly allege that the company made false representations and warranties about the solar panels and...

Mealey's Antitrust/Unfair Competition - Judge: Valve Defect Claim Against Mazda Passes Muster Under Balancing Test

SANTA ANA, Calif. - A California woman adequately states a claim under the unfair prong of the state's unfair competition law (UCL) that Mazda Motor of America Inc. sold vehicles with a defective valve assembly that Mazda knew was defective and likely to fail and result in engine failure, a federal...

Mealey's Antitrust/Unfair Competition - Appeals Court Reinstates UCL State Action Against Apple's Sale Of IPhone 3G

SAN JOSE, Calif. - A California appeals court on Sept. 12 revived a state court consumer class action alleging that Apple Inc. marketed and sold defective iPhones in violation of the unfair competition law (UCL), finding that the lower court erred in ruling that a cell phone network carrier was a necessary...

Mealey's Antitrust/Unfair Competition - Appeals Court Affirms 1 UCL Finding, Reverses Another In Claims Against Dealership

RIVERSIDE, Calif. - While a California state court correctly granted judgment in favor of an automobile dealership on consumer class claims that the dealership's former practice of "backdating" second sales contracts to the original date of sale violated the unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - Consumer: Male Enhancement Product Violates UCL, FAL, CLRA

LOS ANGELES - A dietary supplement company violates California consumer protection laws, including the unfair competition law (UCL), by marketing and selling its product as having beneficial health and aphrodisiac properties to improve male strength and performance when in fact none of the ingredients...

Mealey's Antitrust/Unfair Competition - $3.1 Million Deal Proposed In Class Action Challenging Joint Health Product

SAN DIEGO - The makers of a glucosamine dietary supplement will pay $3.1 million and stop making claims that the product provides joint health benefits under a settlement reached with consumers alleging that the companies' false representations about the product violated California's unfair competition...

Mealey's Antitrust/Unfair Competition - Judge: Discovery Needed To Determine If Antitrust Claim Discharged In Bankruptcy

NEW YORK - A federal judge in New York on Sept. 16 denied United Air Lines' motion to dismiss claims that it participated in a conspiracy to fix the price of air cargo shipments in violation of Section 1 of the Sherman Act, finding that discovery was necessary to determine whether the antitrust claim...

Mealey's Antitrust/Unfair Competition - California State Judge: Accrediting Agency Violated Unlawful Prong Of UCL

SAN FRANCISCO - A college rating agency violated the unlawful prong of California's unfair competition law (UCL) through its failure to have more than one academic on a show cause team evaluating the City College of San Francisco's accreditation, a state court judge held Sept. 19 (People of the...

Mealey's Antitrust/Unfair Competition - Appeals Court: Federal Laws Preempt Workplace Safety UCL Claims

SANTA ANA, Calif. - A California appeals court on Sept. 22 held for the second time that a district attorney's unfair competition law (UCL) claims seeking civil penalties for violations of state workplace safety regulations are preempted by the federal Occupational Safety and Health Act of 1970 ...

Mealey's Antitrust/Unfair Competition - Post-Trial Briefs Filed In Antitrust Action Against Amex On Anti-Steering Rules

NEW YORK - Plaintiffs United States and 17 states and defendants American Express Co. and American Express Travel Related Services Co. Inc. (collectively, Amex) filed their redacted post-trial briefs following the conclusion of the bench trial in federal court in New York on the plaintiffs' claims...

Mealey's Antitrust/Unfair Competition - Calif. Federal Judge Dismisses UCL Claim, Others In Mortgage Foreclosure Case

OAKLAND, Calif. - Homeowners' claims against mortgage lenders, including a claim under California's unfair competition law (UCL), were dismissed with leave to amend on Sept. 24 by a California federal judge (Celedonia Amacker, et al. v. Bank of America, et al., No. 13-3550, N.D. Calif.; 2014...

Mealey's Antitrust/Unfair Competition - Calif. Federal Judge Allows UCL Claim To Continue In Mortgage Foreclosure Case

SAN JOSE, Calif. - A federal judge in California on Sept. 25 declined to dismiss a state unfair competition law (UCL) claim in a mortgage foreclosure dispute, saying that if the defendant did have a policy of temporarily wiping loans off the books only to later threaten foreclosure on the same loan absent...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Mortgage Foreclosure Case; UCL Claim Not Supported

SAN JOSE, Calif. - In an unpublished opinion, a federal judge in California on Sept. 25 dismissed claims against two financial institutions in a mortgage foreclosure suit, saying that because the plaintiffs' other claims failed, they could not support a claim for violation of the state's unfair...

Mealey's Antitrust/Unfair Competition - Appeals Court Affirms Demurrer For Unlawful Business Claim Over Gas Rates

SAN FRANCISCO - A California appellate panel on Oct. 10 affirmed that a class action suit alleging that a gas and electric company deceptively misrepresented how much revenue it required to provide safe and reliable natural gas service in violation of California's unfair competition law (UCL) was...

Mealey's Antitrust/Unfair Competition - Judge Grants Preliminary Approval To Deal Settling Newspaper Carriers' Claims

SAN DIEGO - A newspaper company will pay $3.2 million to resolve claims that it violated California labor laws and the unfair competition law (UCL) by misclassifying newspaper carriers as independent contractors under a class action settlement that received preliminary approval Oct. 17 from a federal...

Mealey's Antitrust/Unfair Competition - Judge: Restitution Claim By Homeowners Under UCL Can Proceed Against Allstate

SAN DIEGO - California homeowners cannot pursue a claim for injunctive relief under the state's unfair competition law in a breach of policy action against their insurer but can proceed with their restitution claim under the UCL, even though other legal remedies may be available should they prevail...