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 - Federal Claims In Prescription Drug Case Dismissed; Remaining Claims Remanded

BIRMINGHAM, Ala. - A federal judge in Alabama on Sept. 10 dismissed antitrust, Racketeer Influenced and Corrupt Organization Act and unjust enrichment claims against the third-party administrator of prescription medication and remanded the remaining state law claims to state court (Star Discount Pharmacy...

Mealey's Antitrust/Unfair Competition - 'Google' Mark Deemed Non-Generic; Judge Dismisses Suit Seeking Cancellation

PHOENIX - Even though evidence shows that the public frequently uses the word "Google" as a verb, an Arizona federal judge on Sept. 11 held that the primary significance of the mark is still the search engine operated by Google Inc. and, thus, the mark has not become generic (David Elliott...

Mealey's Antitrust/Unfair Competition - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

NEWARK, N.J. - Plaintiffs involved in an antitrust and racketeering multidistrict litigation case accusing Aetna Inc. of underpaying out-of-network reimbursement claims asked a New Jersey federal court on Sept. 12 to deny the defendant's motion to dismiss the suit, which Aetna had filed just two...

Mealey's Antitrust/Unfair Competition - $108M In Fees, Costs Sought From $325M Neurontin Third-Party Class Settlement

BOSTON - Counsel for a $325 million Neurontin third-party payer class settlement on Sept. 15 asked a Massachusetts federal court for $108.33 million in attorney fees and expenses, or 33-1/3 percent of the settlement fund (In Re: Neurontin Marketing, Sales Practices, and Products Liability Litigation...

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 - Judge Permits Some Damages Experts' Testimony In Student Housing Antitrust Suit

DENVER - Granting in part a defendants' motions to exclude the testimony of damages experts in a dispute over a purported conspiracy to monopolize college student off-campus housing, a Colorado federal judge on Sept. 18 ruled on issues of untimely disclosure, hearsay and prejudgment interest in an...

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 - Daubert, Summary Judgment Motions Denied In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - Criticisms of both sides' expert opinions in an antitrust class action related to Apple Inc.'s iTunes store and iPod devices go to weight, not admissibility, a California federal judge concluded Sept. 26, denying both sides' motions to exclude testimony under Daubert v....

Mealey's Antitrust/Unfair Competition - 6 Claims In Product Labeling Class Suit Survive Dismissal Motion

SAN FRANCISCO - A California federal judge dismissed two of eight claims filed by a California woman who alleges that a food manufacturer has mislabeled its waffles as "All Natural" when they contain a synthetic ingredient (Ana Belen Ham v. Hain Celestial Group, Inc., No. 14-2044, N.D. Calif...

Mealey's Antitrust/Unfair Competition - High Court Won't Hear Antitrust Suit Over Microsoft Windows License

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 declined to grant certiorari in a dispute over whether a user-restricting license agreement connected with Microsoft Inc.'s Windows 2007 operating system violated antitrust laws, denying a petition by Israeli software firm MiniFrame Ltd. (MiniFrame...

Mealey's Antitrust/Unfair Competition - Federal Judge Lifts Bankruptcy Stay To Allow 2 Claims In Breach Case To Proceed

SAN JOSE, Calif. - A federal judge in California on Oct. 6 granted a motion to lift a stay of bankruptcy to allow a plaintiff to pursue two claims, including a state unfair competition law (UCL) claim, against the individual defendants in a breach of contract case for failing to deliver computers or...

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 - California DA Asks GM MDL Judge To Remand Suit To State Court

NEW YORK - A suit brought on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) should be remanded to California state court, Orange County, Calif., District Attorney Tony Rackauckas argues in a memorandum filed Oct. 14 in the U.S. District Court for the Southern District...

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 - GM Tells MDL Judge California District Attorney's Suit Belongs In MDL

NEW YORK - A suit brought By Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) belongs in the GM ignition-switch multidistrict litigation pending in the U.S. District Court for the Southern District of New York...

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...