Mealey's Antitrust/Unfair Competition - 9th Circuit: Debt Collection Claims Should Be Heard By State Court

PASADENA, Calif. - A federal district court properly dismissed some California unfair competition law (UCL) claims in a consumer class action alleging unlawful debt collection practices but should have remanded other UCL claims under the Rooker-Feldman doctrine, the Ninth Circuit U.S. Court of Appeals...

Mealey's Antitrust/Unfair Competition - MDL Judge Dismisses Claims That Anheuser-Busch Overstates Alcohol Content Of Beer

CLEVELAND - Consumers cannot pursue class claims, including allegations under California's unfair competition law (UCL), that Anheuser-Busch Cos. LLC knowingly sells watered down beer with reduced alcohol content because the brewer's products meet federal Alcohol and Tobacco Tax and Trade Bureau...

Mealey's Antitrust/Unfair Competition - Merck Unlawfully Markets Higher SPF Sunscreens As Better, Consumer Alleges

SAN DIEGO - Merck & Co. Inc. misleads consumers into buying premium priced Coppertone sunscreen products with a sun protection factor (SPF) higher than 50 even though the company knows that such products do not provide more protection than sunscreens with an SPF of 50, a California resident alleges...

Mealey's Antitrust/Unfair Competition - Appeals Panel Reverses, Says UCL Claims Against Lender Can Proceed

SAN FRANCISCO - A homeowner has standing to pursue California unfair competition law (UCL) claims alleging that a lender made misrepresentations about a loan modification under the federal Home Affordable Mortgage Program (HAMP) because he properly asserted that he was injured by the lender's actions...

Mealey's Antitrust/Unfair Competition - Federal Judge Gives Property Owner Chance To Replead UCL Allegations

OAKLAND, Calif. - A California man's claims that a bank's mortgage lending practices violate the state's unfair competition law (UCL) fail because he did not plead any facts to support allegations that the bank engaged in unlawful, unfair or fraudulent business acts or practices, a federal...

Mealey's Antitrust/Unfair Competition - Apple Reaches Agreement With States, Consumers In E-Books Conspiracy Action

NEW YORK - Apple Inc. reached a settlement with states and consumers on June 16 in litigation in which the judge previously found that Apple conspired with publishers to fix the prices of electronic books, heading off a trial on damages that was scheduled to begin Aug. 25 in federal court in New York...

Mealey's Antitrust/Unfair Competition - Magistrate Recommends Default For Claims Alleging Misappropriation Of Website

SACRAMENTO, Calif. - A federal magistrate judge on June 17 recommended entering default judgment and an injunction against a California company and its CEO after finding that a bakery products company stated valid false advertising, copyright infringement and unfair business practice claims under federal...

Mealey's Antitrust/Unfair Competition - Judgment Denied To Both Sides In Dispute Over Skull Design On Clothes

LOS ANGELES - There are genuine issues of fact about whether an apparel company's marketing of a skull design violates California's unfair competition law (UCL) and infringes the copyright and trademark for another company's design, a federal judge held June 16 in denying summary judgment...

Mealey's Antitrust/Unfair Competition - City Attorney Threatens UCL Suits Over Apps Used To Sell Parking Spots

SAN FRANCISCO - The San Francisco city attorney on June 23 used the hammer of $2,500 per-violation penalties under California's "tough" unfair competition law (UCL) in demanding that several companies, including Apple Inc., stop offering computer apps that allow the companies and motorists...

Mealey's Antitrust/Unfair Competition - Direct Purchasers Lose Conspiracy Claims In Reverse-Payment Settlement Case

PHILADELPHIA - Direct purchasers cannot establish as a matter of law an overall antitrust conspiracy to restrain trade in the modafinil market based on bilateral reverse settlement agreements between prescription drug manufacturer Cephalon and four generic drug manufacturers, a federal judge in Pennsylvania...

Mealey's Antitrust/Unfair Competition - Eaton Settles Exclusive Dealing Case Prior To Damages Trial

WILMINGTON, Del. - Eaton Corp. and ZF Meritor LLC and Meritor Transmission Corp. told a federal judge in Delaware on June 23, on the eve of trial, that they had reached a settlement on claims for antitrust damages based on Eaton's entering into long-term conditional-rebate agreements (LTAs) with...

Mealey's Antitrust/Unfair Competition - Hospital System Granted Stay Of Unwinding Of Acquisition Of Physician Group

BOISE, Idaho - A federal judge in Idaho on June 25 granted a stay of the divestiture of a consummated merger between Idaho's largest health system and the state's largest independent, multispecialty physician group pending the Ninth Circuit U.S. Court of Appeal's ruling on the emergency motion...

Mealey's Antitrust/Unfair Competition - UCL Claims Doomed By Failure Of Commercial Code Allegations, Judge Finds

SAN DIEGO - A federal judge on June 23 dismissed a California consumer's class action claims that Wal-Mart Inc. violates the state unfair competition law (UCL) by misrepresenting the benefits of a dietary supplement product after finding that the consumer failed to allege facts establishing a minimum...

Mealey's Antitrust/Unfair Competition - Class Cannot Be Determined For Baby Food Content Claims, Judge Rules

SAN JOSE, Calif. - A consumer cannot pursue class claims alleging that Gerber Products Co. misrepresents the contents of its baby foods in violation of California's unfair competition law (UCL) because it is not "administratively feasible" to determine whether a person is a class member...

Mealey's Antitrust/Unfair Competition - Steel Producers, Distributors Appeal $156M Antitrust Judgment To 5th Circuit

HOUSTON - Steel producers and distributors that were ordered to pay $156 million in treble damages on claims that they conspired to put distributor MM Steel LP out of business by engaging in a group boycott in violation of federal antitrust law on June 24 and 25 filed notices of appeal to the Fifth Circuit...

Mealey's Antitrust/Unfair Competition - Delayed Discovery Of Alleged Misdeed Does Not Save UCL, Fraud Claims, Panel Says

SANTA ANA, Calif. - The delayed accrual doctrine does not prevent the statute of limitations from barring a homeowner's claim under California's unfair competition law (UCL) that a lender misrepresented the terms of a mortgage because the homeowner should have learned the terms of the mortgage...

Mealey's Antitrust/Unfair Competition - Cert Denied In Consumers' UCL Challenge To Bank Fees Under Federal Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 let stand a ruling by California's highest court that Congress has not barred a state unfair competition law (UCL) consumer class action against Bank of America N.A. predicated on a violation of the federal Truth in Savings Act (TISA) (Bank of...

Mealey's Antitrust/Unfair Competition - Supreme Court Will Decide Whether Dismissal Is Appealable In Libor Suit

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 agreed to determine whether a dismissal in a consolidated action can be immediately appealed, regardless of whether claims remain in the consolidated action, in granting a petition for a writ of certiorari filed by plaintiffs in multidistrict litigation...

Mealey's Antitrust/Unfair Competition - Supreme Court Will Hear Antitrust Preemption Case

WASHINGTON, D.C. - The U.S. Supreme Court on July 1 granted review of a Ninth Circuit U.S. Court of Appeals ruling that the Natural Gas Act (NGA) does not preempt state law claims asserted by retail purchasers of natural gas (In re: Western States Wholesale Natural Gas Antitrust Litigation [ONEOK, Inc...

Mealey's Antitrust/Unfair Competition - California Consumer: Adobe Early Termination Fees Are Unlawful, Unfair

SAN JOSE, Calif. - Early termination fees (ETFs) that Adobe Systems Inc. charges customers who cancel their subscriptions to the company's Creative Cloud software package constitute unlawful penalties under California law and are unlawful and unfair under the state's unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - UCL Claims Against EBay's 'Buy It Now' Option Survive Motion To Dismiss

SAN JOSE, Calif. - A federal judge in California on June 30 denied a bid by eBay Inc. to dismiss a consumer's class action claims under California's unfair competition law (UCL) and other statutes that the online auction company's unfair and deceptive business practices caused sellers to...

Mealey's Antitrust/Unfair Competition - Escrow Account Class Claims Governed By HOLA, Not UCL, Judge Finds

SAN DIEGO - A California woman cannot pursue class action claims that Wells Fargo Bank N.A. failed to properly maintain escrow accounts in violation of the state unfair competition law (UCL) because the claims are preempted by the Home Owners' Loan Act (HOLA), a federal judge ruled July 3 (Michelle...

Mealey's Antitrust/Unfair Competition - FLSA's Opt-In Rule Does Not Bar Class Certification Under UCL, Judge Says

SACRAMENTO, Calif. - A federal judge on July 7 preliminarily approved a $2 million settlement of a class action complaint filed six years ago alleging that the compensation practices of a group of car dealerships for its service technicians violated California's unfair competition law (UCL) and federal...

Mealey's Antitrust/Unfair Competition - UCL Unfair Sales Tax Claims Remanded Based On Decision In Loeffler

SAN FRANCISCO - The California Supreme Court on July 9 dismissed an appeal of a consumer class action alleging a state unfair competition law (UCL) violation against a wireless phone company for failing to disclose the amount of taxes charged for phones, remanding the case in light of the court's...

Mealey's Antitrust/Unfair Competition - Judge: UCL Claim Fails For Lack Of Unlawful Activity In California, Public Harm

ALBANY, N.Y. - An Australian technology company cannot pursue claims against a French company under California's unfair competition law (UCL) alleging that it misrepresented the performance of a licensed software product because there is no evidence that any alleged misrepresentation occurred in...