Mealeys

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Mealey's Antitrust/Unfair Competition - Judge Grants Apple's Motion To Dismiss UCL, Other Claims In False Advertising Suit
Posted on 14 Oct 2019 by Mealeys

SAN JOSE, Calif. - A federal judge in California on Oct. 11 granted Apple Inc.'s motion to dismiss 10 claims in a putative class action alleging that it falsely advertised that its computer screens were of the "highest quality" even though... Read More

Mealey's Antitrust/Unfair Competition - Judge: Fact Issues Preclude Summary Judgment On UCL, Other Claims Against IBM
Posted on 14 Oct 2019 by Mealeys

SAN JOSE, Calif. - A federal judge in California held on Oct. 11 that there are genuine issues of material fact that preclude summary judgment in favor of International Business Machines Corp. on certain claims in a software sales representative's... Read More

Mealey's Antitrust/Unfair Competition - Judge Mostly Denies Dismissal Of UCL, Other Claims In Adverse Employment Dispute
Posted on 10 Oct 2019 by Mealeys

SAN DIEGO - A federal judge in California on Oct. 7 dismissed without prejudice a Catholic high school's former employee's unfair competition law (UCL) claim based on a violation of California Labor Code Section 203 but allowed the remainder of... Read More

Mealey's Antitrust/Unfair Competition - Judge Won't Order Groups To Remove Pharmacy Comparison Website From 'Blacklist'
Posted on 17 Sep 2019 by Mealeys

WHITE PLAINS, N.Y. - In a one-page order issued Sept. 12, a New York federal judge denied a preliminary injunction motion by the operator of a website that provides information about international pharmacies in which the operator sought to require two... Read More

Mealey's Antitrust/Unfair Competition - Untimely Claims In Investor Suit Against Drug Maker, Others Dismissed
Posted on 12 Sep 2019 by Mealeys

TRENTON, N.J. - A federal judge in New Jersey on Sept. 10 ruled that dismissal of a securities class action lawsuit against specialty pharmaceutical and medical device company Valeant Pharmaceuticals International Inc. and certain of its former senior... Read More

Mealey's Antitrust/Unfair Competition - Some Google Images Discovery Ordered In Photo Repository's Unfair Competition Suit
Posted on 11 Sep 2019 by Mealeys

SAN FRANCISCO - In a Sept. 9 minute entry, issued after a hearing, a California federal judge directed Google LLC to provide some documents related to its "Google Images" feature to the operator of an online photo repository that sued the tech... Read More

Mealey's Antitrust/Unfair Competition - Majority Affirms Dismissal Of UCL Suit Alleging 'Massive' Foreclosure Scheme
Posted on 9 Sep 2019 by Mealeys

SAN DIEGO - A majority of a California appeals panel on Sept. 5 found that a lower court properly sustained without leave to amend a mortgage servicer and loan beneficiary's demurrer to a plaintiff's third amended complaint alleging that the defendants... Read More

Mealey's Antitrust/Unfair Competition - Federal Judge Trims UCL, Publicity Claim From Class Class Suit Over Reposting Photo
Posted on 5 Sep 2019 by Mealeys

SAN DIEGO - A federal judge in California on Sept. 3 granted an apartment complex manager's motion to trim claims for violation of California's unfair competition law (UCL) and California's statutory right of publicity statute from a class... Read More

Mealey's Antitrust/Unfair Competition - Class Complaint Accuses Chicken Plants Of Conspiring To Depress Wages
Posted on 5 Sep 2019 by Mealeys

BALTIMORE - Numerous chicken processing plants across the country have conspired since 2009 to depress wages for production and maintenance workers in violation of Section 1 of the Sherman Act, three workers allege in a class complaint filed Aug. 30 in... Read More

Mealey's Antitrust/Unfair Competition - Judge Dismisses Loan Servicers From Suit Alleging Unlawful Nonjudicial Disclosure
Posted on 3 Sep 2019 by Mealeys

RIVERSIDE, Calif. - A federal judge in California on Aug. 29 granted current and former loan servicers' motions to dismiss a lawsuit alleging violation of California Business and Professions Code Sections 17200 and 17500 and other claims, finding... Read More

Mealey's Antitrust/Unfair Competition - Plaintiffs Say Whole Foods' Bottled Water Contains Arsenic
Posted on 29 Aug 2019 by Mealeys

LOS ANGELES - Three individuals on Aug. 26 sued Whole Foods Market Inc. in California federal court contending that they have been exposed to arsenic in bottled water sold at Whole Food that is incorrectly marketed as "pure" (David Berke, et... Read More

Mealey's Antitrust/Unfair Competition - Panel: Claims Are Potentially Subject To Employment Practices Liability Coverage
Posted on 29 Aug 2019 by Mealeys

SANTA ANA, Calif. - A California appeals panel on Aug. 27 held that a lower court erred in finding that an employment practices liability insurance policy's wage-and-hour exclusion bars coverage for an underlying lawsuit brought against the owner... Read More

Mealey's Antitrust/Unfair Competition - App Developers' Antitrust Suits Against Apple Related To Remanded Consumer Suit
Posted on 26 Aug 2019 by Mealeys

OAKLAND, Calif. - Two monopolization lawsuits brought against Apple Inc. by developers of iPhone apps in the wake of a May 2019 U.S. Supreme Court ruling that revived a group of consumers' antitrust claims against the company were related to the original... Read More

Mealey's Antitrust/Unfair Competition - Panel Again Tosses Unlawful Business Claim Against Costco Over Ensure Sales Tax
Posted on 26 Aug 2019 by Mealeys

SAN FRANCISCO - On remand from the California Supreme Court, a state appellate panel on Aug. 22 stood by its previous ruling that a consumer cannot state an unlawful business practice claim against Costco Wholesale Membership Inc. because there has not... Read More

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal Of UCL Claim Against Insurer
Posted on 21 Aug 2019 by Mealeys

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 found that an insurer's purported statements and conduct in denying an insured's claim were not fraudulent or unfair under California's unfair competition law (UCL), affirming... Read More

  • Blog Post: Lawsuit Dismissed Over Burning Fans, But Plaintiff Has Leave To File Again

    PHILADELPHIA - Saying the plaintiff failed to marshal sufficient facts to support her consumer fraud claims, a Pennsylvania federal judge dismissed a putative class action over flaming box fans on April 10, but granted the plaintiff leave to refile ( Deborah Osness, individually and on behalf of all...
  • Blog Post: Judge: Steak Company Denied Injunction On Infringement Claims

    PHILADELPHIA - A Pennsylvania federal judge has denied an injunction based on infringement claims brought by a national seller of frozen sandwich steak and hamburger products against a South Philadelphia pizza shop and corner grocery, saying in an April 11 opinion that the plaintiff had presented no...
  • Blog Post: Judge: Only 'Healthy Fats' Nutrition Bar Advertising Claims Survive

    SAN FRANCISCO - Health claims used in the marketing of nutrition bars constitute puffery, except to the extent that they allege the inclusion of more specific "healthy fats," a California federal judge held April 11 in partially denying a motion for summary judgment (Claire Delacruz, et al...
  • Blog Post: Suit Against Comcast Will Continue To Trial On Certain Antitrust Claims

    PHILADELPHIA - Approximately 2 million nonbasic cable television customers in the Philadelphia market may proceed to trial against Comcast on the class's Sherman Act Section 1 rule-of-reason claim and certain of its Section 2 monopolization and attempted monopolization claims related to the company's...
  • Blog Post: 11th Circuit Will Rehear En Banc Antitrust Case Against Hedge Funds

    ATLANTA - The 11th Circuit U.S. Court of Appeals on April 16 agreed to rehear en banc its ruling that hedge funds that purchased promissory notes from CompuCredit Holdings Corp. did not violate federal antitrust law by making a collective demand on CompuCredit to pay above-market prices to redeem its...
  • Blog Post: Radiologist Challenging Exclusive Contract Lacks Standing, 3rd Circuit Holds

    PHILADELPHIA - A federal district court judge properly granted summary judgment to a hospital, its director of radiology and two radiologist physician groups on a radiologist's claims that an exclusive contract between the hospital and a physician group violated state and federal antitrust laws,...
  • Blog Post: Employees' Antitrust Conspiracy Claims Against High-Tech Companies May Continue

    SAN JOSE, Calif. - Employees of seven high-tech companies with principal places of business in the San Francisco-Silicon Valley may continue with their allegations that the defendants, including Apple Inc., conspired to fix and suppress employee compensation and to restrict employee mobility by entering...
  • Blog Post: Competitor Fails To Allege SanDisk's Licensing Scheme Violates Antitrust Law

    OAKLAND, Calif. - PNY Technologies Inc. failed to sufficiently allege that SanDisk Corp. misused the market power inherent in its patent portfolio in the flash memory technology upstream market to demand multitiered licensing and royalties in the downstream markets, a federal judge in California ruled...
  • Blog Post: Infringement Claims Are Dismissed In Folding Bike Dispute

    LOS ANGELES - Most intellectual property and unfair competition claims were dismissed April 24 in California federal court in a family feud involving the developer of a popular line of folding bicycles and his wife and son ( Dahon North America, Inc. v. Joshua Hon, et al., No. 2:11-cv-05835, C.D. Calif...
  • Blog Post: 11th Circuit Upholds Reverse Payment Settlement Against FTC Challenge

    ATLANTA - Reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair restraint on trade in violation of Section 5(a) of the Federal Trade Commission Act 15 U.S.C.S. §45 , the 11th Circuit U.S. Court of Appeals ruled April 25...
  • Blog Post: California Federal Judge Remands Suit Alleging Wrongly Labeled 'Honey'

    SANTA ANA, Calif. - A California federal judge on April 24 remanded a class complaint accusing a pharmacy chain of selling a product marketed as honey in its California stores that failed to meet the state's requirements to be sold as honey ( Meryl Overton v. CVS Caremark Corporation, et al., No...
  • Blog Post: Settlement Approved Whereby Costco Will Install Fuel Pump Compensation

    KANSAS CITY, Kan. - The judge supervising multidistrict litigation over automatic temperature compensation (ATC) in motor fuel sales has approved a settlement whereby Costco Wholesale Corp. agrees to install ATC on fuel pumps in states where it buys temperature-adjusted fuel ( In re Motor Fuel Temperature...
  • Blog Post: Indirect Purchasers' Conspiracy Claims Against Some Producers Are Dismissed

    PHILADELPHIA - Indirect purchasers' Sherman Act conspiracy claims against several egg producers were dismissed without prejudice because the purchasers' allegations did not directly connect the producers to a price-fixing conspiracy, but federal conspiracy claims against other producers and state...
  • Blog Post: Judge Denies Preliminary Injunction Against Medco, Express Scripts Merger

    PITTSBURGH - A federal judge in Pennsylvania on April 25 ruled that pharmacies and pharmacy trade groups challenging the consummated $29 billion merger of pharmaceutical benefit management companies Express Scripts Inc. (ESI) and Medco Health Solutions Inc. were not entitled to a preliminary injunction...
  • Blog Post: 9th Circuit Refuses To Hear Appeal Of IPhone Users' Antitrust Claims

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 27 denied a petition for permission to appeal a district court's order decertifying a class of iPhone purchasers in their antitrust claims against Apple Inc. and AT&T Mobility Inc. (ATTM) and granting motions to compel arbitration...
  • Blog Post: Judge Allows Advertising Claims Involving Apple IPhone Software Update

    SAN DIEGO - California false advertising law (FAL) claims seeking restitution from Apple Inc. for a software update that allegedly rendered past versions of iPhones unusable may continue, a federal judge held April 25 (Bianca Wofford and Suzann Lennox, et al. v. Apple Inc., and DOES 1 through 100, inclusive...
  • Blog Post: 7th Circuit Panel Reverses Injunction, Allows UCL Claim To Proceed

    CHICAGO - An Illinois federal judge cannot enjoin a California unfair competition law (UCL) class action involving advertising of stainless steel drums in dryers under the All Writs Act, the Seventh Circuit U.S. Court of Appeals held May 1 (Steven J. Thorogood, et al. v. Sears, Roebuck and Co., Nos....
  • Blog Post: Vitamin Class Plaintiffs Can Seek Discovery Of Profits, Expenses

    SAN DIEGO - A California federal judge on April 30 allowed plaintiffs in a vitamin class action to conduct discovery into defendant Bayer Corp.'s profits and expenses to possibly determine "restitutionary disgorgement" of profits (David Johns, et al. v. Bayer Corporation, et al., No. 3...
  • Blog Post: 6th Circuit: Local Government Employees Are Immune From Antitrust Liability

    CINCINNATI - The Local Government Antitrust Act of 1984 (LGAA) bars a day care center's antitrust claim against local government officials, the Sixth Circuit U.S. Court of Appeals affirmed April 27, concluding that county officials were acting within the scope of their official capacity while negotiating...
  • Blog Post: Court: Condo Owners Must Prove Falsity Of Disputed Representations

    BALTIMORE - Summary judgment of $1 million in favor of the owners of water-damaged condominiums in Port Deposit, Md., was not appropriate, Maryland's Court of Appeals said April 30, because a dispute existed as to whether the information provided by the property manager and the condominium association...
  • Blog Post: Judge Allows Competition Law Discrimination Claims Seeking Injunction To Proceed

    SAN FRANCISCO - Nothing in California's Tort Claims Act (CTCA) required a man seeking injunctive relief under the unfair competition law (UCL) claims for alleged discrimination to first present his claims to the defendants, a federal judge held April 30 (Walter Jefferson v. City of Fremont, et al...
  • Blog Post: American Express' $49.5M Settlement Is Granted Final Approval

    NEW YORK - A federal judge in New York on April 30 granted final approval to a $49.5 million class action settlement with American Express on claims that American Express violated antitrust laws by conspiring with credit-card-issuing banks to fix foreign currency conversion fees; however, claims that...
  • Blog Post: Stay Ordered In E-Books Price-Fixing Actions Against 2 Publishers

    NEW YORK - The federal judge in New York overseeing the electronic books antitrust multidistrict litigation on May 1stayed the actions against Hachette Book Group Inc. and Hachette Digital Inc. (collectively, Hachette) and HarperCollins Publishers, following the publishers' tentative settlement with...
  • Blog Post: Puerto Rico Magistrate Judge: No Federal Question In Franchise Dispute

    SAN JUAN, Puerto Rico - A plaintiff asserting trademark infringement stemming from the cancellation of a restaurant franchise agreement has asserted no claims that justify federal jurisdiction, a magistrate judge in the U.S. District Court for the District of Puerto Rico said May 3 in remanding the claims...
  • Blog Post: Judge Bars Some Competition Law Privacy Claims, Allows Others

    SAN FRANCISCO - A man's claim that he was enrolled in a privacy protection plan without his consent and that the resulting fees caused him to overdraft from his bank account give him standing to pursue his Consumer Legal Remedies Act (CLRA), California Civil Code Section 1750, et seq., and California...