LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses Class Suit Alleging Inflated Outlet Prices

SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371...

Mealey's Antitrust/Unfair Competition - Federal Judge Converts Lenders' Pleadings To Summary Judgment Motions

SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No...

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal, Finds Equitable Tolling Does Not Apply

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 22 affirmed a district court's decision to dismiss a claim for violation of the Truth in Lending Act (TILA) as barred by a statute of limitations because equitable tolling did not apply (Mark McQuinn, et al. v. Bank of America, N...

Mealey's Antitrust/Unfair Competition - Judge Finds Class Claims Can Proceed Against Kate Spade For False Advertising

SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss...

Mealey's Antitrust/Unfair Competition - Judge Finds Wage-Related Claims Against Food Company Are Cognizable

FRESNO, Calif. - After previously finding that a food company employee's claims for violation of California's unfair competition law (UCL) and Labor Code were cognizable, a California federal judge on Aug. 1 refused to dismiss the claims or, in the alternative, to grant interlocutory appellate...

Mealey's Antitrust/Unfair Competition - Google Seeks Summary Judgment, Expert Exclusion In Google Wallet Class Action

SAN JOSE, Calif. - In a pair of reply briefs filed Aug. 10 in California federal court, Google Inc. seeks to support its pending motions for summary judgment in a putative privacy class action over its Google Wallet feature and to exclude the lead plaintiff's expert's testimony on damages (Alice...

Mealey's Antitrust/Unfair Competition - California Court Finds It Lacks Jurisdiction Over Claims Against University

LOS ANGELES - After finding that it lacked jurisdiction over a former university employee's claims for violation of the California labor code and unfair competition law (UCL) in relation to termination of his employment, a California appeals court on Aug. 12 affirmed a trial court's decision...

Mealey's Antitrust/Unfair Competition - Judge Allows Economics Opinion In Price-Fixing Conspiracy Suit Against Egg Industry

PHILADELPHIA - In a price-fixing conspiracy lawsuit against egg producers, an economics expert may opine regarding the existence of a unitary egg industry, a Pennsylvania federal judge ruled Aug. 15, denying the motion to exclude the testimony (In re: Processed Egg Products Antitrust Litigation, No....

Mealey's Antitrust/Unfair Competition - Judge Finds Purchasers Failed To Show Teething Tablets Do Not Work

LOS ANGELES - A California federal judge on Aug. 16 found that claims for violation of California's unfair competition law (UCL) and for false advertising asserted by purchasers of homeopathic teething tablets and other products failed because the purchasers did not show by a preponderance of the...

Mealey's Antitrust/Unfair Competition - Judge Finds Amount-In- Controversy Requirement Not Met, Remands UCL Claims

FRESNO, Calif. - After finding that an employer's calculation of the amount in controversy in a class action filed in relation to wage claims was speculative, a California federal judge on Aug. 16 granted a former employee's motion to remand his claims for violation of California labor laws and...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss Class Claims Related To Labels On Dairy Beverages

SAN FRANCISCO - A California federal judge on Aug. 16 refused to dismiss a consumer's class action claims for violation of California's unfair completion law (UCL) and other causes of action in relation to allegedly misleading labels on probiotic dairy beverages, denying the manufacturer's...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL And HBOR Claims Against JP Morgan Chase

SAN FRANCISCO - A California federal judge on Aug. 29 found that a borrower failed to adequately plead his claims related to his application for a loan modification, granting a bank's motion to dismiss his claims for negligence, intentional infliction of emotional stress and violation of California...

Mealey's Antitrust/Unfair Competition - Federal Judge Stays UCL And Trademark Claims Pending Ruling

SAN FRANCISCO - A California federal judge on Aug. 26 stayed a trademark infringement case filed in relation to a mark for apparel, pending the outcome of a motion to dismiss a related case filed in New York (Therapy Stores Inc. v. JGV Apparel Group LLC, et al., No. 4:16-cv-02588-YGR, N.D. Calif.; 2016...

Mealey's Antitrust/Unfair Competition - California Federal Judge: Bus Driver's Class Counsel Is Inadequate

LOS ANGELES - A California federal judge on Aug. 26 denied a motion for certification of a class of bus drivers bringing wage-and-hour claims, finding that class counsel does not meet Federal Rule of Civil Procedure 23's adequacy requirement (James Motty, et al. v. First Student, Inc., et al., No...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Stay UCL And Labor Claims Pending Outcome Of New York Action

SACRAMENTO, Calif. - After finding that no exceptional circumstances existed in an action in which a former franchisee asserts claims for violation of California's unfair competition law (UCL) and other causes of action, a California federal judge on Aug. 30 refused to stay the case pending the outcome...

Mealey's Antitrust/Unfair Competition - 9th Circuit Finds No Evidence Breaking System Is Defective, Affirms Ruling

PASADENA, Calif. - The 10th Circuit U.S. Court of Appeals on Sept. 2 affirmed a district court's decision to grant summary judgment on claims for violation of California's unfair competition law (UCL) and other claims for a vehicle maker, finding that purchasers failed to show that it contained...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows California Law Claims Against Spice Maker To Proceed

SAN FRANCISCO - A California federal judge on Sept. 6 dismissed an organic spice maker's claims for trademark infringement with leave to amend, but allowed its claims for violation of various California laws (Morton & Basset LLC v. Organic Spices Inc., No. 15-cv-01849, N.D. Calif.; 2016 U.S....

Mealey's Antitrust/Unfair Competition - Judge Finds UCL And Labor Code Claims Against Employer Can Proceed

SAN FRANCISCO - A California federal judge on Sept. 7 denied an employer's motion to dismiss all of the claims asserted against it in relation to employee meal breaks, finding that his claims for violation of California's unfair competition law (UCL) and the state labor code were properly pleaded...

Mealey's Antitrust/Unfair Competition - Judge Finds Medical Supplier Lacks Standing To Assert California Law Claims

OAKLAND, Calif. - A California federal judge on Sept. 8 found that an orthopedic medical products supplier lacked standing to assert claims for violation of California law, granting a motion filed by another medical supplier to dismiss the case (Golden State Orthopaedics Inc. Howmedica Osteonics Corporation...

Mealey's Antitrust/Unfair Competition - IPhone User Sues Apple For Failure To Honor Phone Upgrade Program

SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone...

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Claims By Sleep Centers For Payment To State Court

LOS ANGELES - A California federal judge on Sept. 12 granted a request to remand claims for violation of California's unfair competition law (UCL) and other claims asserted by operators of sleep centers in relation to allegedly unpaid medical care by insurers, finding that the district court lacked...

Mealey's Antitrust/Unfair Competition - Judge Says Purchaser Lacks Standing To Bring Claims Related To Mulch

FRESNO, Calif. - A California federal judge on Sept. 14 granted a motion filed by a producer of mulch that was sold by Lowes Home Centers LLC to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims in relation to the amount of mulch that is in...

Mealey's Antitrust/Unfair Competition - Judge Stays Class Against KIND Pending FDA Ruling On Term 'Natural'

NEW YORK - A New York federal judge on Sept. 15 stayed claims asserted by consumers for violation of California's unfair competition law (UCL), negligent misrepresentation and other causes of action asserted against a seller of snack foods pending the outcome of a decision by the Food and Drug Administration...

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Borrower's Foreclosure Claims To State Court

RIVERSIDE, Calif. - In an unpublished opinion, a California federal judge on Sept. 14 remanded claims for violation of California's unfair competition law (UCL) and wrongful foreclosure to state court, finding that a borrower failed to show that diversity jurisdiction existed because both the borrower...

Mealey's Antitrust/Unfair Competition - Judge Strikes Majority Of Defenses To Claims Related To Unlawful Broadcast

SACRAMENTO, Calif. - A California federal judge on Sept. 16 partially granted a sports promotion company's motion to strike affirmative defenses to its claims for violation of California's unfair competition law (UCL) and conversion, but refused to strike a defense in relation to standing to...