Judge: Constitutional Standing Applies To Federal Court Competition Law Cases

SAN FRANCISCO - Constitutional standing requirements, not the statutory requirements found in the California unfair competition law (UCL) Cal. Bus. & Prof. Code § 17200 , apply to federal actions, and the lack of likely future injury bars consumers' actions against a service process company...

Judge: 'Newport' Smokes Infringe On Lorillard's Newport Menthol Brand

RICHMOND, Va. - A putative synthetic marijuana product marketed as "Newprot" infringes on the manufacturer of Newport brand menthol cigarettes, a Virginia federal judge said Aug. 7 in an opinion that awarded the tobacco company attorney fees (Lorillard Tobacco Company, et al. v. California...

Judge Issues Ruling For Companies On Time-Share Owner's Mold-Related Claims

SAN DIEGO - After finding that numerous claims asserted by a time-share owner who alleged that resort properties contained mold and water damage failed, a California federal judge on Oct. 30 granted summary judgment in favor of a group of companies that own the resorts on all of the claims asserted against...

9th Circuit: Sherman Act Doesn't Preempt, Nor Does Pact Waive, Tribal Sovereignty

SEATTLE - Antitrust laws do not preempt and a cigarette tax collection agreement between a Native American tribe and the State of Washington does not waive the tribe's sovereign immunity, the Ninth Circuit U.S. Court of Appeals held Nov. 13, affirming a lower federal court and two native courts ...

Finding No Federal Question, Judge Remands California's Tobacco Tax Suit

SACRAMENTO, Calif. - A California federal judge has granted remand of tobacco excise tax evasion and unfair business practice claims to state court, saying in an opinion filed May 15 that the state's complaint raised no federal question (People of the State of California, et al v. Darren Paul Rose...

High Court Won't Consider Whether Sherman Act Preempts Tribal Sovereignty

WASHINGTON, D.C. - The U.S. Supreme Court on June 17 denied review of a Ninth Circuit U.S. Court of Appeals ruling that antitrust laws do not preempt and a cigarette tax collection agreement between a Native American tribe and the State of Washington does not waive the tribe's sovereign immunity...

Attorney Claims Asbestos Firm Failed In Duty As Self-Insured Malpractice Carrier

SAN FRANCISCO - In a complaint filed July 1, an attorney claims that asbestos plaintiffs' law firm's conduct and errors resulted in legal malpractice claims against him and that the firm violated the California's unfair competition law (UCL) by failing to properly defend him from the charges...

California Judge Rules 'Light' Cigarette Smokers Suffered No Economic Loss

SAN DIEGO - Smokers of Marlboro Lights in California suffered no economic loss and are entitled to no compensation under the state's unfair competition law and false advertising law, a California Superior Court judge said in a Sept. 24 final decision in a 16-year-old class action, according to an...

Supreme Court Denies Review In Antitrust Cases

WASHINGTON, D.C. - The U.S. Supreme Court denied review on Oct. 7 of several antitrust cases involving issues related to price-fixing agreements and immunity from antitrust laws.

Affirmative Defenses In Tobacco Trademark Suit Struck For Lack Of Facts

SAN FRANCISCO - A California federal judge has struck the affirmative defenses of a tobacco distributor sued for trade mark infringement, saying in a Dec. 5 opinion that the defendant had provided no factual underpinning for the defenses (Starbuzz Tobacco Inc. v. Fuad Naji Saeed, No. 3:13-cv-03837-SI...