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...

Mealey's Antitrust/Unfair Competition - $400 Million Settlement Of Apple E-Book Antitrust Suit Receives Final Approval

NEW YORK - On Nov. 21, a New York federal judge granted final approval to a $400 settlement between Apple Inc. and a group of consumer and state plaintiffs to settle claims that it conspired with publishers to fix prices of electronic books (e-books) (In re Electronic Books Antitrust Litigation, No....

Mealey's Antitrust/Unfair Competition - Judge Declines To Dismiss Unfair Competition Claim In Mortgage Payment Dispute

SAN FRANCISCO - A federal judge in California on Nov. 20 declined to dismiss a suit accusing a financial institution of violating the state's unfair competition law (UCL) by failing to accept timely mortgage payments, saying the plaintiff supported all his claims (Fernando Morales v. Nationstar Mortgage...

Mealey's Antitrust/Unfair Competition - MDL Judge Remands California DA's Suit Against GM To State Court

NEW YORK - The federal judge overseeing the General Motors LLC ignition switch litigation ruled Nov. 24 that a suit brought by Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of GM-manufactured vehicles belongs in the California state court where it was originally...

Mealey's Antitrust/Unfair Competition - Unfair Competition Claim Dismissed In Suit Over Retirement Community Fees

SAN JOSE, Calif. - A federal judge in California on Nov. 25 granted the defendants' separate motions to dismiss a putative class action complaint that contained state unfair competition law (UCL) claims accusing the owners of a retirement community of mismanaging entrance and monthly fees (Burton...

Mealey's Antitrust/Unfair Competition - California Federal Judge Denies Class Certification In UCL False Labeling Case

SAN FRANCISCO - A federal judge in California on Dec. 3 denied class certification in a case alleging that a juice maker violated the state's unfair competition law (UCL) by placing a false and misleading "No Sugar Added" statement on its 100 percent apple juice product and also denied...

Mealey's Antitrust/Unfair Competition - Federal Judge Grants Defense Summary Judgment In Food-Labeling Case

SAN JOSE, Calif. - A federal judge in California on Dec. 8 granted summary judgment in favor of the defendant in a class action lawsuit asserting an unfair competition law (UCL) claim over the alleged mislabeling of "all natural" packaged fruit products, saying insufficient evidence existed...

Mealey's Antitrust/Unfair Competition - 2 Car Ride-Sharing Companies Sued For UCL Violations; 1 Enters Settlement

SAN FRANCISCO - In separate suits, the district attorneys for the City and County of San Francisco and the County of Los Angeles on Dec. 9 sued two prearranged car transportation services, also known as ride-sharing services, in state court for violating the state's unfair competition law (UCL) by...

Mealey's Antitrust/Unfair Competition - Apple Seeks Judgment As A Matter Of Law In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - At the close of the named plaintiffs' case in an antitrust class action trial related to its iPod and iTunes products, Apple Inc. on Dec. 10 filed a motion for judgment as a matter of law (JMOL), arguing that allowing the unsupported claims to proceed to a jury runs counter to existing...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Case Alleging Improper Securitization Of Loan

SAN FRANCISCO - A federal judge in California on Dec. 12 dismissed a case alleging that the transfer of a deed of trust and promissory note securing a mortgage were improperly securitized, saying that the plaintiff's theories do not support any of her claims, including one brought under the state's...

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal Of TILA And Fraud Claims Against Banks

PASADENA, Calif. - After finding that a claimant's claims for violation of the Truth in Lending Act (TILA), fraud and other claims lacked particularity or were time-barred, the Ninth Circuit U.S. Court of Appeals on Dec. 12 affirmed dismissal of the case (Olasumbo Titilola Ajetunmobi v. Clarion Mortgage...

Mealey's Antitrust/Unfair Competition - Judge Denies Dismissal Of Class Complaint Against Bitcoin Miner Manufacturers

PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss ...

Mealey's Antitrust/Unfair Competition - Wells Fargo Seeks Stay Of $203M Restitution Award In Debit-Transaction Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 11 denied a petition for a panel rehearing and a petition for rehearing en banc in a case in which the court affirmed a district court's award of restitution and denial of prejudgment interest in a case alleging that Wells Fargo Bank...

Mealey's Antitrust/Unfair Competition - Mass. Federal Judge Partially Dismisses Celexa/Lexapro Third-Party RICO Cases

BOSTON - A Massachusetts federal judge on Dec. 12 partially dismissed Racketeer Influenced and Corrupt Organizations Act actions filed by two health insurers seeking to represent a class of third-party payers who allegedly paid for fraudulent prescriptions for the antidepressants Lexapro and Celexa but...

Mealey's Antitrust/Unfair Competition - Jury Verdict Reached In Apple's Favor In Antitrust Class Action

OAKLAND, Calif. - In the first day of deliberation after 10 days of oral arguments, a California federal jury on Dec. 16 found that firmware and software updates that Apple Inc. made to its iTunes and iPod products were "genuine product improvements" and, therefore, did not constitute efforts...

Mealey's Antitrust/Unfair Competition - California Federal Judge Grants Class Status To Vacation Pay Dispute

SAN DIEGO - A federal judge in California on Dec. 17 granted class action status to a case accusing J.C. Penney Corp. Inc. of violating state law, including the unfair competition law (UCL), by failing to pay vacation benefits as required (Raymond Tschudy v. J.C. Penney Corporation Inc., No. 11-1011...

Mealey's Antitrust/Unfair Competition - California Federal Judge Grants Baby Food Maker Judgment In UCL Case

SAN JOSE, Calif. - A federal judge in California on Dec. 18 denied a plaintiff's motion for partial summary judgment and granted the defendant's motion for summary judgment in a case in which Gerber Products Co. is accused of misrepresenting the contents of its baby foods in violation of California's...