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...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Class Action Alleging Fitness Bands Are Defective

SAN FRANCISCO - A California federal judge on Dec. 29 dismissed with leave to amend claims, including one for violation of the state's unfair competition law (UCL), in a class action lawsuit alleging that a fitness-tracker wristband was "effectively useless" because it did not perform as...

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Suit Over Fees For Using Debit Cards At Gas Pumps

SACRAMENTO, Calif. - A California federal judge on Dec. 29 dismissed with prejudice claims, including one for violation of the state's unfair competition law (UCL), in a class action lawsuit accusing the owner of a gasoline station of engaging in a "bait-and-switch" scheme by failing to...

Mealey's Antitrust/Unfair Competition - Apple Faces Class Complaint Challenging Devices' Storage Capacity

SAN JOSE, Calif. - Two Florida men filed a class complaint on Dec. 30 in California federal court accusing Apple Inc. of misrepresenting the storage capacity needed for its iOS 8 operating system, as well as the actual available storage on its iPhones, iPads and iPods (Paul Orshan, et al. v. Apple Inc...

Mealey's Antitrust/Unfair Competition - Majority Finds Appeal To Be Moot In Lawsuit Challenging Insurance Practices

PASADENA, Calif. - A majority of the Ninth Circuit U.S. Court of Appeals on Dec. 31 denied a putative class representative's appeal as moot in a lawsuit challenging an insurer's practices, finding that the plaintiff has no financial interest or other personal interest in class certification ...

Mealey's Antitrust/Unfair Competition - California Federal Judge Allows UCL Claim Alleging Auto Defect To Continue

SAN FRANCISCO - A California federal judge on Jan. 6 declined to dismiss two claims, including one brought under the state's unfair competition law (UCL), alleging that an automobile manufacturer failed to disclose a design defect that made electrical components prone to water damage caused by the...

Mealey's Antitrust/Unfair Competition - Judgment Issued In Apple's Favor In IPod, ITunes Antitrust Class Action

OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv...

Mealey's Antitrust/Unfair Competition - California Class Action Suit Alleges Infant Formula Manufacturer Violated UCL

LOS ANGELES - A California women on Jan. 9 filed a class action lawsuit in federal court accusing the manufacturer of an infant formula of violating the state's unfair competition law (UCL) by making false representations and undergoing misleading practices in the marketing of its product, causing...

Mealey's Antitrust/Unfair Competition - Magistrate Recommends Approval Of $900,000 Settlement In Wage Dispute With CVS

FRESNO, Calif. - A California federal magistrate judge on Jan. 14 recommended the approval of a settlement in a class action case to end a wage claims dispute that includes an allegation of a violation of the state's unfair competition law (UCL) filed by distribution center works against CVS Pharmacy...

Mealey's Antitrust/Unfair Competition - Judge Issues Tentative Ruling Addressing UCL Violations By Accrediting Agency

SAN FRANCISCO - A California state court judge on Jan. 16 issued a tentative ruling finding that the Accrediting Commission for Community and Junior Colleges (ACCJC) engaged in practices that violated the unlawful prong of the state's unfair competition law (UCL) when, in 2013, it terminated City...

Mealey's Antitrust/Unfair Competition - UCL Claim Remains In Breach Of Contract Case Involving Software

SAN FRANCISCO - A claim for violation of the state's unfair competition law (UCL) is among the claims continuing in a breach of contract case involving the sale of computer software equipment that failed to perform as promised following a California federal judge's Jan. 14 order on a motion to...

Mealey's Antitrust/Unfair Competition - State High Court Grants Review In Workplace Safety UCL Claims

SAN FRANCISCO - The California Supreme Court on Jan. 14 granted a petition seeking review of an appeals court decision finding that a district attorney's unfair competition law (UCL) claims seeking civil penalties for violations of state workplace safety regulations are preempted by the federal Occupational...

Mealey's Antitrust/Unfair Competition - Supreme Court Won't Review Antitrust, Patent License Case

WASHINGTON, D.C. - In its Jan. 20 orders list, the U.S. Supreme Court announced that it will let stand a Ninth Circuit U.S. Court of Appeals April ruling that when antitrust harm is speculative at the time of the initial wrong, the law of limitations in federal antitrust actions allows a claimant to...

Mealey's Antitrust/Unfair Competition - 1st Circuit Approves Class Certification In Nexium Pay-For-Delay Lawsuit

BOSTON - The presence of a few uninjured members in a class does not prevent certification, the First Circuit U.S. Court of Appeals ruled Jan. 21, affirming the certification of the class of indirect purchasers of Nexium in a pay-for-delay lawsuit over the heartburn drug (In re Nexium Antitrust Litigation...

Mealey's Antitrust/Unfair Competition - California Appeals Court: Technician Not In Protected Class, No UCL Violation

LOS ANGELES - In reversing a lower court's decision, a California appeals court on Jan. 21 held that a technician was not a hotel worker who traditionally would have been paid a gratuity for providing services and, therefore, was not among the class of hotel workers entitled to be paid service charges...

Mealey's Antitrust/Unfair Competition - ACA's Experimental, Consumer-Owned Insurer Funded With $146M Fails

WEST DES MOINES, Iowa - The Iowa insurance commissioner will liquidate CoOportunity Health Inc., a consumer-owned health insurance company started with $146 million in Patient Protection and Affordable Care Act (ACA) funds, it announced Jan. 23 (State of Iowa, et al. v. CoOpportunity Health Inc., No...

Mealey's Antitrust/Unfair Competition - Economics Expert May Testify In Egg Products Antitrust Litigation, Judge Rules

PHILADELPHIA - A Pennsylvania federal judge on Jan. 26 found the testimony of an economics expert, proffered by the direct purchaser plaintiffs in a price-fixing class action against egg suppliers, to be reliable and convincing enough to support the plaintiffs' class certification motion, denying...

Mealey's Antitrust/Unfair Competition - Hospital's Reimbursement Action Not Preempted By ERISA, Calif. Federal Judge Rules

SAN JOSE, Calif. - A federal judge in California on Jan. 26 remanded to state court a hospital's lawsuit seeking reimbursement for charges for treatment of a participant in a health plan governed by the Employee Retirement Income Security Act, holding that the hospital's state unfair competition...

Mealey's Antitrust/Unfair Competition - Reverse-Payment Challengers Survive Summary Judgment

PHILADELPHIA - Citing the recently articulated standard in Federal Trade Commission v. Actavis Inc. (133 S. Ct. 2223 [2013]), a Pennsylvania federal judge on Jan. 28 found that myriad plaintiffs challenging a reverse-payment settlement as anti-competitive adequately pleaded their claims to survive a...

Mealey's Antitrust/Unfair Competition - Missouri Federal Judge Tosses Suit Over 'All Natural' Potato Chips

KANSAS CITY, Mo. - A Missouri federal judge on Jan. 27 dismissed a class complaint filed by a Missouri woman accusing the producers and marketers of Kettle Cooked Potato Chips of falsely advertising them as "all natural" (Tonya Kelly, et al. v. Cape Cod Potato Chip Company, Inc., et al., No...