Mealeys

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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 - 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 - 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 - UCL Claim In Labor Code Dispute Is Not Subject To Arbitration, Panel Affirms
Posted on 5 Aug 2019 by Mealeys

RIVERSIDE, Calif. - A California appeals panel on Aug. 1 affirmed a lower court's ruling that denied an employer's motion to compel arbitration of a former employee's claim for injunctive relief under California's unfair competition law... Read More

Mealey's Antitrust/Unfair Competition - Employee's UCL Claim Against Employer Subject To Arbitration, Panel Says, Reverses
Posted on 30 Jul 2019 by Mealeys

SANTA ANA, Calif. - A California appeals court on July 23 held that an employee' claim against his employer under California Business and Professions Code Section 17200 is arbitrable because Cruz v. PacifiCare Health Systems, Inc. and Broughton v... Read More

Mealey's Antitrust/Unfair Competition - 9th Circuit Certifies Questions To California Supreme Court In Drugmaker's Lawsuit
Posted on 22 Jul 2019 by Mealeys

SAN FRANCISCO - Seeking guidance in deciding whether California Business and Professions Code Section 16600 also applies to contracts between two businesses and whether the requirement that a plaintiff must plead an independently wrongful act to allege... Read More

Mealey's Antitrust/Unfair Competition - Court Did Not Err In Declining To Base UCL Claim On Tort Of Trespass To Chattel
Posted on 26 Jun 2019 by Mealeys

SAN FRANCISCO - A California appeals panel on June 24 rejected an appellant's contention that because it prevailed on a cause of action for trespass to chattel, it necessarily follows that it should have also prevailed on its state unfair competition... Read More

Mealey's Antitrust/Unfair Competition - Panel Rejects Landlords' Challenges To Fee Award For San Francisco
Posted on 17 Jun 2019 by Mealeys

SAN FRANCISCO - A California court on June 13 affirmed a trial court's award of $2,503,141 in attorney fees for the city and county of San Francisco, after holding that landlords' acts of harassment in violation of a rent ordinance amounted to... Read More

Mealey's Antitrust/Unfair Competition - Panel Affirms Order Granting Anti-SLAPP Motion, Striking UCL Claim
Posted on 3 Jun 2019 by Mealeys

RIVERSIDE, Calif. - A California appeals court on May 31 affirmed a trial court's decision granting a litigation support service company's motion to strike a complaint under California's strategic lawsuit against public participation (anti... Read More

Mealey's Antitrust/Unfair Competition - Panel Reverses Dismissal Of Claims Against Tenant Screening Firm, Remands
Posted on 15 May 2019 by Mealeys

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel in a May 14 majority decision reversed the dismissal of a tenant's claims for violations of California's Investigative Consumer Reporting Agencies Act (ICRAA) and unfair competition... Read More

Mealey's Antitrust/Unfair Competition - California Panel Affirms Dismissal Of UCL, Fraud Claims Against Toshiba
Posted on 30 Apr 2019 by Mealeys

SAN FRANCISCO - A California appeals court on April 25 affirmed a trial court's decision to sustain a laptop maker's demurrer to claims asserted by a consumer for fraud and violation of California's unfair competition law (UCL), holding that... Read More

Mealey's Antitrust/Unfair Competition - Condo Owners Seek Review Of Court's Dismissal For Lack Of Jurisdiction
Posted on 30 Apr 2019 by Mealeys

LOS ANGELES - Following a recent appeal filed by an attorney who challenges a district court's holding that he breached his fiduciary duty and violated California law when he solicited and paid someone a fee to organize condominium owners to pursue... Read More

Mealey's Antitrust/Unfair Competition - Judge Holds Attorney Solicited Class Members, Violated UCL, CLRA
Posted on 28 Mar 2019 by Mealeys

LOS ANGELES - A California federal judge on March 26 found that an attorney breached his fiduciary duty and violated California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) when he solicited and paid someone a fee to organize... Read More

Mealey's Antitrust/Unfair Competition - Panel Holds UCL, Other Claims Fail, Affirms Order Granting Anti-SLAPP Motions
Posted on 27 Mar 2019 by Mealeys

SACRAMENTO, Calif. - A California appeals panel on March 22 affirmed a trial court's decision granting motions filed by a debt collector and a health care provider to strike a debtor's complaint because it was related to an underlying collection... Read More

Mealey's Antitrust/Unfair Competition - Denial Of Class Certification Upheld In Security System Defects Case
Posted on 28 Feb 2019 by Mealeys

SAN FRANCISCO - After finding that common issues did not predominate over claims asserted by a consumer who alleged that a security system maker violated California's unfair competition law (UCL), the California Consumer Legal Remedies Act (CLRA)... Read More

  • Blog Post: Summary Judgment Granted In Union's Class Action About Fentanyl Pain Patches

    PHILADELPHIA - A Pennsylvania federal judge on March 12 granted summary judgment in a fentanyl pain patch class action filed by two union health and welfare funds, finding that the plaintiffs did not show that they paid for any of the recalled, defective patches (American Federation of State County and...
  • Blog Post: Calif. Court To Decide If Repeal Of Right Of Action Bars Competition Law Claim

    SAN FRANCISCO - The California Supreme Court on March 14 agreed to decide whether Congress' repeal of the private right of action in the Truth in Savings Act (TISA) provides a safe harbor from unfair competition law (UCL) actions, according to the docket (Harold Rose, et al. v. Bank of America, N...
  • Blog Post: Antitrust Lawsuit Between Colorado Nightclub Rivals Survives Motion To Dismiss

    DENVER - Denver nightclubs may continue with their unlawful tying and monopolization claims that a digital download service, a competitor nightclub and the owner of those two businesses coerced disc jockeys to perform at the competitor nightclub, a federal judge in Colorado ruled March 14 (Regas Christou...
  • Blog Post: Class Claims Over Motorola Android Phone Dismissed Without Prejudice

    SAN FRANCISCO - A California federal judge on March 14 dismissed without prejudice putative class action claims that Motorola Mobility Inc. induced consumers to buy or keep a phone they otherwise would not have by misrepresenting plans to upgrade the phones' Android operating system ( Elyse Wood...
  • Blog Post: 3rd Circuit Upholds Settlement Between Indirect Purchasers And Cadbury

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 20 in an unpublished opinion ruled that, despite objections, the federal trial court properly approved an antitrust settlement between Cadbury and a subclass of indirect end-user (IEU) purchasers on allegations that chocolate manufacturers...
  • Blog Post: Judge Dismisses Competition Law Claims In Case Alleging Payday Lending Scheme

    SAN FRANCISCO - Consumers claiming that businesses used banking information obtained from payday loan applications to create unauthorized checks to pay for coupon services must amend their California unfair competition law (UCL) claims to allege where the conduct occurred, a federal judge held March...
  • Blog Post: Indirect Purchasers Have Article III Standing To Pursue State Antitrust Claims

    PHILADELPHIA - Indirect purchasers have standing under Article III of the U.S. Constitution to sue producers of eggs for price fixing under the antitrust laws of Iowa, Mississippi, North Dakota and South Dakota even though the indirect purchasers did not reside in or buy eggs in those states, the federal...
  • Blog Post: FTC Seeks High Court Review Of 11th Circuit Hospital-Merger Case

    WASHINGTON, D.C. - The Federal Trade Commission on March 23 filed a petition for a writ of certiorari seeking review of an 11th Circuit U.S. Court of Appeals ruling that although a merger between two Georgia hospitals would substantially lessen competition or tend to create a monopoly, the state-action...
  • Blog Post: Milk Retail Sellers Fail To Identify Relevant Market; Conspiracy Claims Dismissed

    GREENEVILLE, Tenn. - The federal judge in Tennessee overseeing the multidistrict litigation involving alleged anti-competitive actions of defendant milk marketers and sellers on March 27 dismissed a putative class action brought by direct purchasers, finding that the purchasers failed to allege antitrust...
  • Blog Post: 3rd Circuit Orders Disqualification Of Judge In Hospital's Antitrust Case

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 28 granted West Penn Allegheny Health System Inc.'s motion for disqualification of the judge in the hospital's antitrust action against the University of Pittsburgh Medical Center Inc. (UPMC) (In re: West Penn Allegheny Health System...
  • Blog Post: Fuel-Temperature Judge Denies Dismissal, Saying Material Issues Exist

    KANSAS CITY, Kan. - The judge supervising multidistrict litigation over automatic temperature compensation (ATC) in motor fuel sales has denied summary judgment, saying April 2 that the defendants have failed to address the considerations for unconscionable consumer practices of the Kansas Consumer Protection...
  • Blog Post: Court Affirms Dismissal Of Trans Fat, 'Original,' 'Classic' Advertising Claims

    LOS ANGELES - A manufacturer's representation that ice cream products contain zero trans fats complies with federal labeling law, preempting California unfair competition law (UCL) claims, the Ninth Circuit U.S. Court of Appeals held April 5 while also finding that the use of the terms "original"...
  • Blog Post: Fen-Phen Judge Dismisses Fraud Claims Brought By Diet Clinic Operators

    PHILADELPHIA - Claims by California diet clinic operators that they were defrauded under the state's unfair competition law (UCL) by American Home Products' marketing of the since-withdrawn diet drugs Pondimin and Redux were dismissed April 9 by the fen-phen multidistrict litigation judge ( In...
  • Blog Post: Certification Of Indirect Purchaser Class In Wellbutrin XL Antitrust Case Stands

    PHILADELPHIA - A federal judge in Pennsylvania on April 9 refused to reconsider her order granting certification of a class of indirect purchasers who are suing the producers and distributors of Wellbutrin XL for illegally conspiring to prevent generic versions of the drug from entering the American...
  • Blog Post: Jury Rejects Surgeon's California Conspiracy Claim Against Hospital, Surgeons

    SANTA BARBARA, Calif. - A California jury on April 6 rejected an orthopedic surgeon's claims that a hospital, the hospital's trauma director and four of the hospital's on-call neurosurgeons conspired to keep him from joining the hospital's on-call panel in violation of California's...
  • Blog Post: Judge Rejects Competition Law Claims Involving Water Additive

    LOS ANGELES - The Food, Drug and Cosmetic Act's bar on private enforcement preempts California residents' unfair competition law (UCL) claims involving the addition of the allegedly unapproved drug hydrofluosilicic acid (HFSA) to the water supply, a federal judge held April 10 ( Debra Foli, et...
  • Blog Post: City Gets Chance To Amend Claims Over Destroyed Street Sweeper

    KANSAS CITY, Kan. - A Kansas federal judge has dismissed for lack of privity a breach of implied warranty claim over a street-sweeping machine that burst into flames when it was only three months old but in an April 11 ruling allowed the plaintiff municipality to amend its complaint to bolster a claim...
  • 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: 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...