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...

Mealey's Antitrust/Unfair Competition - Class Suit Over Reduced Fat Chips Labeling Survives Dismissal Motion

SAN FRANCISCO - A California federal judge on Oct. 21 declined to dismiss a class complaint accusing a potato chip maker of falsely labeling its reduced fat chips, finding that the lead plaintiff has sufficient proof to proceed at this stage (Richard Hall v. Diamond Foods, Inc., No. 14-2148, N.D. Calif...

Mealey's Antitrust/Unfair Competition - Suit Against GM Belongs In California State Court, Orange County DA Argues

NEW YORK - Each of three arguments asserted by General Motors LLC (New GM) against remand of a suit brought on behalf of California owners of GM-manufactured vehicles must fail, Orange County, Calif., District Attorney Tony Rackauckas argues in a reply memorandum filed Oct. 23 in the U.S. District Court...

Mealey's Antitrust/Unfair Competition - Real Estate Agent Group Sues Website For Fraud, Trade Secrets Violations

OAKLAND, Calif. - A members-only real estate agent organization filed a complaint against the operator of a popular real estate information website on Oct. 27, alleging that Zillow Inc. misappropriated its proprietary listings of upcoming listings and disseminated them to www.zillow.com users (Top Agent...

Mealey's Antitrust/Unfair Competition - Comcast To Settle Antitrust Suit For $50M

PHILADELPHIA - Plaintiffs in the antitrust lawsuit that made its way to the U.S. Supreme Court and accuses Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas moved Oct. 28 for certification of a settlement class and preliminary approval of a $50 million...

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim Over Supplements, Allows Amendment

SAN FRANCISCO - A federal judge in California on Oct. 30 dismissed a putative class action complaint alleging violation of the state's unfair competition law (UCL) over the labeling of a human growth hormone supplement, saying the plaintiff alleged a substantiation claim, for which there is no private...

Mealey's Antitrust/Unfair Competition - Unfair Competition Class Action Over PC-Cleaning Software Dismissed By Judge

SAN FRANCISCO - A California federal judge on Oct. 31 dismissed a putative unfair competition class action against maker of PC-cleaning software, finding that the lead plaintiff failed to sufficiently plead the purportedly "false or misleading" representations upon which he relied (Jack Davis...

Mealey's Antitrust/Unfair Competition - California Suit Alleges Honda, Takata Hid Defects In Air Bags

LOS ANGELES - A class action alleging that American Honda Motor Co. and air bag manufacturer Takata Corp. failed to timely disclose defects in air bags that caused them to explode upon impact was filed Nov. 4 in the U.S. District Court for the Central District of California (Luke Hooper, et al. v. American...

Mealey's Antitrust/Unfair Competition - Damages Class In Food Mislabeling Case Decertified; Injunction Class Remains

SAN JOSE, Calif. - A federal judge in California on Nov. 6 held that an injunction class will continue in an unfair competition law (UCL) case over the alleged mislabeling of "all natural" packaged fruit products but decertified a damages class (Chad Brazil v. Dole Packaged Foods LLC, No. 12...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Case Alleging Misrepresentation In Labeling Of Supplement

SAN FRANCISCO - A federal magistrate judge in California on Nov. 6 dismissed with leave to amend a class action complaint alleging that the distributers of a supplement to boost human growth hormone violated the state's unfair competition law (UCL) claim, saying no private right of action existed...

Mealey's Antitrust/Unfair Competition - Judge Allows UCL Claim To Remain In Unlawful Taking Of Property Case

LOS ANGELES - A federal judge in California left standing several claims, including a state unfair competition law (UCL) claim in class action for wrongful seizure of property and personal belongings (Victoria Urenia, et al. v. Public Storage, et al., No. 13-1934, C.D. Calif.; 2014 U.S. Dist. LEXIS 158110...

Mealey's Antitrust/Unfair Competition - Judge Dismisses All Claims In Mortgage Foreclosure Case As Time-Barred

SACRAMENTO, Calif. - A federal judge in California on Nov. 6 dismissed without leave to amend a mortgage foreclosure case that included a state unfair competition law (UCL) claim, saying that all the claims were time-barred and that had the plaintiffs undertaken a reasonable investigation, they would...

Mealey's Antitrust/Unfair Competition - Magistrate Permits Antitrust Counterclaims Against Oracle In Solaris Lawsuit

SAN JOSE, Calif. - A California federal magistrate on Nov. 7 found that three defendant software support firms adequately alleged their antitrust counterclaims against Oracle America Inc. in a dispute centering on the Solaris operating system, denying in part the software giant's motion to dismiss...

Mealey's Antitrust/Unfair Competition - 9th Circuit Bars State's Restitution Claims For Class That Already Settled

PASADENA, Calif. - The State of California may proceed with claims against the maker of a gender prediction test under the state's unfair competition and false advertising laws but may not proceed with restitution claims that seek relief for those alleged violations on behalf of members of a class...

Mealey's Antitrust/Unfair Competition - UCL Claim Remains In Suit Over Alleged Blocking Of Text Messages To Smartphones

SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially dismissed a putative class action case accusing Apple Inc. of unlawfully marketing its text-messaging service by not telling consumers that the service prevents former iPhone users from receiving certain text messages after they replaced...

Mealey's Antitrust/Unfair Competition - Judge: Unfair Competition, Publicity Rights Claims Against LinkedIn May Proceed

SAN JOSE, Calif. - On Nov. 13, a California federal judge again ruled that putative class claims for unfair competition under state law and common-law publicity rights may proceed against LinkedIn Corp., rejecting the social network operator's defenses under the First Amendment to the U.S. Constitution...

Mealey's Antitrust/Unfair Competition - California Federal Judge Declines To Certify UCL Class In Labor Dispute

OAKLAND, Calif. - A federal judge in California on Nov. 12 partially granted and partially denied plaintiffs' motion to certify eight putative classes in a wage and labor dispute. Among the classes denied was a state unfair competition law class, which was denied as being redundant to the class and...

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

FRESNO, Calif. - A federal judge in California on Nov. 12 partially granted the defendant's motion to dismiss a case related to a mortgage foreclosure, dismissing a state unfair competition law (UCL) claim with leave to amend (Anthony Moreno, et al. v. Wells Fargo Home Mortgage, et al., No. 14-1024...

Mealey's Antitrust/Unfair Competition - Health Insurer: Endo Paid Impax $112M To Delay Selling Generic Opana ER

BATON ROUGE, La. - Blue Cross Blue Shield of Louisiana on Nov. 17 filed a class action complaint in federal court, alleging that Endo Health Solutions Inc. paid a competitor at least $112 million to delay a generic drug until Endo could market a new, crush-resistant formula (Louisiana Health Service...