LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based...

Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL, False Advertising Claims Over Phone App

FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses UCL Claim Related To Bank's Denial Of Loan Modification

OAKLAND, Calif. - After finding that a property owner failed to allege facts to show that she had standing to bring a claim for violation of California's unfair competition law (UCL) or that a bank had a legal duty to her, a California federal judge on July 27 dismissed her claims with leave to amend...

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Borrowers' California Law Claims To State Court

LOS ANGELES - After finding no diversity jurisdiction, a California federal judge on July 27 granted a motion to remand a lawsuit filed against numerous banks in relation to their handling of a loan modification request to a state court (Guadalupe M. Roman, et al. v. Bank of America, N.A., et al., No...

Mealey's Antitrust/Unfair Competition - California Appellate Panel: Claims Examiners' Wage Suit Not Eligible For Class Cert

LOS ANGELES - A lawsuit filed by an insurance claims examiner who alleges that she and other similarly situated examiners were improperly classified as exempt from receiving overtime is not appropriate to proceed as a class action because individual issues predominate, a California appellate panel ruled...

Mealey's Antitrust/Unfair Competition - California Federal Judge Denies Class Certification In Food Labeling Suit

OAKLAND, Calif. - A federal judge in California on July 30 denied the plaintiffs' third motion for class certification in a case accusing Del Monte Foods Inc. of violating consumer protection statutes, including the state's unfair competition law (UCL) in its packaging of several tomato and fruit...

Mealey's Antitrust/Unfair Competition - 9th Circuit Rejects Antitrust, Lanham Act Claims Against ICANN

SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 ...

Mealey's Antitrust/Unfair Competition - Portions Of UCL Claims Remain In Class Suit Over 'Unsafe' Dog Bone

SAN DIEGO - A federal judge in California on July 30 left portions of claims for violations of the state's Consumers Legal Remedies Act (CLRA) and unfair competition law (UCL), as well as fraud and negligent misrepresentation, but dismissed all other claims in a class action suit accusing the manufacturer...

Mealey's Antitrust/Unfair Competition - Federal Judge Declines To Dismiss Class Action Suit Over Homeopathic Products

LOS ANGELES - A federal judge in California on Aug. 3 declined to dismiss a purported class action complaint alleging that homeopathic products falsely advertised that they were effective treatments for gas, colic and reflux problems in infants in violation of the state's unfair competition law ...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim, Says Restaurant Did Not Discriminate In Pricing

SAN JOSE, Calif. - In dismissing a class action lawsuit with leave to amend, a California federal judge on Aug. 6 held that a Chinese restaurant did not discriminate or violate the state's unfair competition law (UCL) by charging a higher price for gluten-free menu items than for its regular menu...

Mealey's Antitrust/Unfair Competition - California Federal Judge Allows UCL Claim To Continue In Telemarketing Dispute

LOS ANGELES - A federal judge in California on Aug. 5 declined to dismiss a class action lawsuit accusing a credit-building and credibility solutions business of violating the Telephone Consumer Protection Act (TCPA) and the state's unfair competition law (UCL) by making repeated unwanted calls to...

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses Class Action Suit Over Defective Oven

OAKLAND, Calif. - A California federal judge on Aug. 5 dismissed with leave to amend a class action complaint accusing an appliance manufacturer of knowingly selling defective ovens in violation of state laws, including the unfair competition law (UCL) (William Burdt v. Whirlpool Corp., No. 15-1563,...

Mealey's Antitrust/Unfair Competition - 11th Circuit: Contributory False Advertising Cognizable Under The Lanham Act

ATLANTA - A Florida federal judge did not err in dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), allegations that The Estee Lauder Cos. Inc. violated the Sherman Act, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (Duty Free Americas Inc. v. The Estee Lauder Companies Inc., No...

Mealey's Antitrust/Unfair Competition - Antitrust Counterclaim Survives Dismissal In Arizona Copyright Case

PHOENIX - A dispute over intellectual property covering low-priced, ornamental jewelry will proceed with an antitrust counterclaim in place, thanks to an Aug. 7 ruling by an Arizona federal judge (Origami Owl LLC v. West Coast Charms LLC et al., No. 15-110, D. Ariz.; 2015 U.S. Dist. LEXIS 103755).

Mealey's Antitrust/Unfair Competition - Appeals Court Affirms Denial Of Injunction In Dispute Between Medical Groups

FRESNO, Calif. - In an unpublished opinion, a California appeals court on Aug. 10 affirmed the denial of a preliminary injunction in a suit accusing an independent practice association (IPA) of violating the unfair competition law (UCL) by allegedly sending threatening notices and ultimatums to primary...

Mealey's Antitrust/Unfair Competition - California Federal Judge Leaves UCL Claim In Reverse Mortgage Dispute

LOS ANGELES - A California state unfair competition law (UCL) claim is the only claim remaining after a federal judge in California on Aug. 14 ruled on a motion to dismiss in a case accusing mortgage companies of foreclosing on the plaintiff's home despite promising to postpone the action after receiving...

Mealey's Antitrust/Unfair Competition - California Federal Judge Allows UCL, Fraud Claims To Continue In Bitcoin Suit

SAN JOSE, Calif. - A state unfair competition law (UCL) claim and portions of a fraud claim will continue against defendants accused of breach of contract for failing to deliver computers or refund the bitcoin used to pay for the merchandise, a federal judge in California ruled Aug. 14 (Pete Morici v...

Mealey's Antitrust/Unfair Competition - Pennsylvania Federal Judge Denies Electric Supplier's Motion To Transfer Class Suit

PHILADELPHIA - A Pennsylvania federal judge on Aug. 13 denied an electricity supplier's motion to transfer a class complaint alleging misrepresentation of energy rates to a New York federal court, where three other similar class cases are pending (Michael Kantor, et al. v. Hiko Energy, LLC, No. 14...

Mealey's Antitrust/Unfair Competition - California Federal Judge Denies Class Status In UCL Suit Over Text Messaging

SAN JOSE, Calif. - A federal judge in California on Aug. 18 declined to grant class action status in a suit accusing Apple Inc. of violating the Wiretap Act and the state's unfair competition law (UCL) by wrongfully intercepting, storing and preventing former Apple device users from receiving text...

Mealey's Antitrust/Unfair Competition - Judge Allows UCL Claim To Proceed, Finds No Negligent Misrepresentation

LOS ANGELES - A California federal judge on Aug. 17 refused to dismiss part of a borrower's claim for violation of California's unfair competition law but granted a bank's motion to dismiss his claims for negligent misrepresentation (Edward C. Hendricks v. Wells Fargo Bank, N.A., et al.,...

Mealey's Antitrust/Unfair Competition - Sony Opposes Certification Of Ex-Employees' Class Action Over Hacking Incident

LOS ANGELES - In an Aug. 24 brief opposing certification of a class of ex-employees whose data was compromised in a 2014 breach of its network, Sony Pictures Entertainment Inc. argues in California federal court that "elements of injury and causation" for the plaintiffs "are entirely individualized"...

Mealey's Antitrust/Unfair Competition - Federal Judge Stays Class Action Against Brink's Pending Ruling

OAKLAND, Calif. - A California federal judge on Aug. 25 stayed a class action filed against a security company in which an employee asserts claims over hours and wages and violations of the California unfair competition law pending the outcome of a similar class action filed against the company (Ernie...

Mealey's Antitrust/Unfair Competition - Judge Finds Food Equipment Maker's Claims Lack Details, Dismisses Case

LOS ANGELES - A California federal judge on Aug. 25 dismissed a food equipment maker's complaint, which asserted claims for fraud, violation of California's unfair competition law (UCL) and other allegations against a food company, finding that it failed to plead its claims with the required...

Mealey's Antitrust/Unfair Competition - Dismissal Of Guitar And Amp Price-Fixing Suit Upheld By Split 9th Circuit

PASADENA, Calif. - A split Ninth Circuit U.S. Court of Appeals panel on Aug. 25 upheld a trial court's rejection of a class claim by consumers under Section 1 of the Sherman Act who allege the largest U.S. retailer of musical instruments conspired with guitar and amplifier manufacturers and a trade...