Mealey's Antitrust/Unfair Competition - Not Enough Facts To Pursue UCL, Warranty Breach Claims, Federal Judge Rules

OAKLAND, Calif. - A woman's proposed class action claims against two washing-machine manufacturers under the California unfair competition law (UCL) and false advertising law (FAL) fail because she did not plead the claims with the heightened particularity required for fraud allegations, a federal...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Woman's Action Against Mortgage Servicer As Insufficiently Pleaded

SAN DIEGO - A woman's claim that she missed a year's worth of mortgage payments because of a loan servicer's conduct satisfies the standing requirements of the California unfair competition law (UCL), but she has not adequately stated a claim under any of the three prongs, a federal judge...

Mealey's Antitrust/Unfair Competition - Calif. Homeowner Adequately Pleads Fraud For UCL Claim, Appeals Panel Finds

LOS ANGELES - A homeowner's claims against his burglar alarm company that its early termination fee is a fraudulent and deceptive business practice and violates California's unfair competition law are pleaded sufficiently enough to state a claim for fraud, a panel of the Second District California...

Mealey's Antitrust/Unfair Competition - California Federal Judge: Reliance On 'Cane Juice' On Label Justifies Standing

SAN FRANCISCO - Not only do two consumers have constitutional standing to pursue claims under California's unfair competition law (UCL) challenging a yogurt company's products that were labeled with "evaporated cane juice" instead of sugar, they also have statutory standing because...

Mealey's Antitrust/Unfair Competition - California Federal Judge: iMac Warranty Trumps Duty-To-Disclose Claim

SAN FRANCISCO - Although a consumer sufficiently alleges that he relied on statements made by Apple Inc. when buying an iMac computer that had a faulty display screen, his claims under California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) fail because he did not adequately...

Mealey's Antitrust/Unfair Competition - Judge Nips Unfair, Fraudulent Competition Law Claims From Tea Advertising Case

SAN FRANCISCO - A man's claims that a company's statements regarding the antioxidant content of its black teas violated labeling laws gives him standing under the California unfair competition law (UCL), and he may also pursue claims for products he didn't purchase but that contain the same...

Mealey's Antitrust/Unfair Competition - Reliance, Reasonable Consumer Findings Defeat Dismissal Bid Of Labeling Claims

SAN FRANCISCO - A federal judge on March 14 declined to dismiss consumer claims under California law, including the unfair competition law (UCL), that a grocery store's use of "evaporated cane juice" on product labels is misleading, deceptive unfair and fraudulent. The judge found that...

Mealey's Antitrust/Unfair Competition - Ohio Federal Judge: Woman Can Pursue UCL Claim Over Birth Control Patch

CLEVELAND - Although a woman's strict product liability claim regarding a birth control patch fails based on the learned intermediary doctrine, her claim under California's unfair competition law (UCL) sufficiently alleges that the product's manufacturers used untrue or misleading statements...

Mealey's Antitrust/Unfair Competition - Steel Distributor Awarded $52 Million In Compensatory Damages For Boycott

HOUSTON - A federal jury in Texas on March 25 awarded $52 million in compensatory damages to steel distributor MM Steel LP on its claims that its competitors and steel producers conspired to put it out of business by engaging in a group boycott in violation of federal antitrust law (MM Steel, LP, et...

Mealey's Antitrust/Unfair Competition - Traditional Union Activity Is Exempt From Federal Antitrust Laws, Judge Says

PORTLAND, Ore. - Because a counterclaim alleged against a union is based on traditional union activity, the counterclaim cannot be sustained as the conduct is exempt from federal antitrust laws, an Oregon federal judge said March 24 (International Longshore and Warehouse Union et al., v. ICTSI Oregon...

Mealey's Antitrust/Unfair Competition - 2nd Circuit: Silver Price-Fixing Allegations Against JPMorgan Fail

NEW YORK - The Second Circuit U.S. Court of Appeals on March 27 in an unpublished order affirmed the dismissal of claims that JPMorgan violated federal antitrust law by participating in a conspiracy to manipulate market prices for silver futures (In re: Commodity Exchange, Inc. Silver Futures and Options...

Mealey's Antitrust/Unfair Competition - Panel: Antitrust Claims For Foreign Purchases Of Components Properly Dismissed

CHICAGO - Motorola's claims that suppliers of liquid crystal display (LCD) panels engaged in a global price-fixing conspiracy based on overseas purchases by Motorola's foreign affiliates do not fall under the Foreign Trade Antitrust Improvements Act's (FTAIA) domestic injury exception and...

Mealey's Antitrust/Unfair Competition - 2nd Circuit Remands For Determination Of Whether Conspiracy Claim Is Discharged

NEW YORK - The Second Circuit U.S. Court of Appeals on March 27 remanded a lawsuit alleging that United Air Lines participated in a conspiracy to fix the price of air cargo shipments in violation of Section 1 of the Sherman Act, instructing the trial court to determine whether the antitrust claim was...

Mealey's Antitrust/Unfair Competition - Judge Decertifies Nationwide Competition Law Class Action Against Juice Maker

LOS ANGELES - A federal judge on March 25 decertified a nationwide class of consumers in litigation challenging the marketing of pomegranate juice products under California's unfair competition law (UCL) and other statutes, finding that the consumers failed to show that common issues of fact regarding...

Mealey's Antitrust/Unfair Competition - Reliance Not Alleged In UCL Claim Against EBay Auctions, 9th Circuit Rules

SAN FRANCISCO - An eBay user did not plausibly allege that he relied on alleged misrepresentations by eBay Inc. when using the online market site's automatic bidding auction service, so his claim under California's unfair competition law (UCL) fails, a Ninth Circuit U.S. Court of Appeals panel...

Mealey's Antitrust/Unfair Competition - 9th Circuit Reinstates UCL, Antitrust Claims Over Panasonic Memory Cards

SAN FRANCISCO - A federal court erred in dismissing antitrust and California unfair competition law (UCL) claims against a manufacturer of computer memory cards based on the statute of limitations because the manufacturer committed two overt acts during the limitations period, which extended the deadline...

Mealey's Antitrust/Unfair Competition - Calif. Appeals Court: Class Action Waiver In Satellite TV Agreement Unenforceable

LOS ANGELES - A class action against a satellite TV company alleging that its early termination fees violate California's unfair competition law (UCL) and other laws cannot be resolved through arbitration because the arbitration provision in the company's customer agreement contains a class action...

Mealey's Antitrust/Unfair Competition - Homeowners' UCL Claims Over Foreclosure Actions Survive Dismissal Bid

SACRAMENTO, Calif. - A federal judge on April 4 refused to dismiss homeowners' claims under the "unfair" and "unlawful" prongs of California's unfair competition law (UCL) challenging a lender's pending foreclosure of their home after finding that the homeowners adequately...

Mealey's Antitrust/Unfair Competition - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete...

Mealey's Antitrust/Unfair Competition - 9th Circuit: UCL Allegation Is Trespass Claim Under Local Action Doctrine

SAN FRANCISCO - A California federal court lacks jurisdiction to hear a Connecticut landlord's class action claim that DIRECTV Inc. violates California's unfair competition law (UCL) by placing satellite TV dishes on apartment houses without consent of the owner because the claim is actually...

Mealey's Antitrust/Unfair Competition - Illinois Federal Judge Denies NFL Summary Judgment In Exclusive Licensing Case

CHICAGO - A federal judge in Illinois on April 7 denied cross-motions for summary judgment on American Needle Inc.'s antitrust claims related to conduct by the National Football League, its 32 teams and the clubs' wholly owned licensing company in granting an exclusive license to Reebok International...

Mealey's Antitrust/Unfair Competition - UCL, Negligence Claims For Grocer's Lack Of Recall Notice Survive Summary Judgment

SAN FRANCISCO - A federal judge on April 7 denied Safeway Inc.'s bid for summary judgment on consumer class action claims that the grocer was negligent and violated California's unfair competition law (UCL) by failing to notify "Club Card" members of product recalls, finding that the...

Mealey's Antitrust/Unfair Competition - Federal Judge: Standing, Harm, Reliance Shown In 'Natural' Shampoo Claims

SACRAMENTO, Calif. - Consumers have standing to pursue California unfair competition law (UCL) class action claims alleging that a global consumer goods company misrepresented that its "naturals" line of hair care products contained no artificial ingredients because they adequately pleaded...

Mealey's Antitrust/Unfair Competition - Amended Labeling Claims Meet UCL Pleading Standards, California Federal Judge Says

SAN FRANCISCO - A consumer's revised allegations that he relied on a juicemaker's false and misleading "No Sugar Added" statement when deciding what 100 percent apple juice product to buy and that he will buy less of the product in the future due to the misrepresentation are sufficient...

Mealey's Antitrust/Unfair Competition - N.Y. Federal Judge: Fraud Claims Against Publishing Company Can Proceed

NEW YORK - A New York federal judge on April 11 dismissed a parent corporation from a putative class action alleging that a company that sells publishing and marketing services to people who want to self-publish books has defrauded customers; however, the judge allowed claims under California's unfair...