LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Federal Judge Finds UCL Claim Is Not Time-Barred Against Title Company

SAN FRANCISCO - A California federal judge on Oct. 5 partially granted a motion to dismiss claims related to reverse mortgages on a borrower's property, finding that their claims for violation of California's unfair competition law (UCL) could proceed and that their claims for elder financial...

Mealey's Antitrust/Unfair Competition - Nonprofit Says It Can Assert UCL Claims Related To Animal Abuse

SANTA ANA, Calif. - A nonprofit organization seeking to stop alleged activities that involve the ritual killing of chickens on Oct. 7 filed its response to an order to show cause as to why its claims in a California federal court should not be dismissed, arguing that it has standing to sue under California's...

Mealey's Antitrust/Unfair Competition - Judge Says Fact Issues Exist As To Creation Of Secret Company

HONOLULU - A Hawaii federal judge on Oct. 7 found that genuine issues of fact exist as to whether a company and its owners violated California's unfair competition law (UCL) and certain employment laws, refusing to grant summary judgment on claims asserted against it in relation to an underlying...

Mealey's Antitrust/Unfair Competition - Federal Magistrate Judge Refuses To Expand Class Period For School Bus Drivers

FRESNO, Calif. - A California federal magistrate judge on Oct. 11 granted summary judgment in favor of a school bus transportation company, refusing to expand a class period to assert claims for violation of California's Labor Code and unfair competition law (UCL) related to unpaid wages (Delores...

Mealey's Antitrust/Unfair Competition - Judge Finds Removal Of Wage-Related Class Was Improper, Remands

LOS ANGLES - A California federal judge on Oct. 13 granted a motion to remand a case filed by an employee who alleged wage-related and other claims against his former employer, finding that the amount in controversy did not meet the requirements for removal of a class action to a federal court (Gustavo...

Mealey's Antitrust/Unfair Competition - D.C. Federal Judge Denies Dismissal Of Lanham Act Claims Against McCormick

WASHINGTON, D.C. - Multidistrict litigation stemming from an alleged practice by McCormick & Co. Inc. of "slack-filling" black pepper containers will proceed with a claim of false advertising in place, a District of Columbia federal judge ruled Oct. 18 (In re: McCormick & Company Inc...

Mealey's Antitrust/Unfair Competition - California Federal Judge Transfers Contract Breach Class Suit To Virginia

SAN FRANCISCO - A California federal judge on Oct. 25 agreed to transfer a breach of contract class complaint to Virginia, finding that the contract's forum-selection clause "does not contravene any anti-waiver provision of California's UCL [unfair competition law] or the strong public policy...

Mealey's Antitrust/Unfair Competition - Antitrust Claim Dismissed, Lanham Act Claim Survives In New York Lawsuit

NEW YORK - A New York federal judge on Oct. 27 agreed with a plaintiff that counterclaims of antitrust violations and commercial disparagement by a trademark infringement defendant are ripe for dismissal (Dentsply International Inc. v. Dental Brands for Less d/b/a Dental Wholesale Direct, No. 15-8775...

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Wrongful Termination Case Against CVS To State Court

LOS ANGELES - After finding that a pharmacy employee's claims for violation of California's unfair competition law (UCL) and labor code were not preempted by the Labor Management Relations Act (LMRA), a California federal judge on Oct. 31 remanded the case to a state court (Schirrelle Robertson...

Mealey's Antitrust/Unfair Competition - Class Claims Insurer Misrepresents Quality Of Replacement Plans

LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California...

Mealey's Antitrust/Unfair Competition - Judge Allows UCL And CLRA Claims Against Whirlpool To Proceed

SAN JOSE, Calif. - A California federal judge on Nov. 1 granted a motion filed by the maker of a refrigerator to dismiss claims against it relating to an alleged defect that causes leaking, but allowed a consumer's claims for violation of California's unfair competition law (UCL) and other state...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Remand Former Red Cross Worker's Discrimination Claims

LOS ANGELES - After finding that a former Red Cross employee's claims for violation of California's unfair competition law (UCL), fraud and other claims against her former employer did not arise under California's workers' compensation law, a California federal judge on Nov. 4 denied...

Mealey's Antitrust/Unfair Competition - California Court Finds It Lacks Jurisdiction Over Claim Related To Stolen Photo

SAN DIEGO - A California court on Nov. 4 affirmed a decision to grant a motion filed by wireless phone companies and others to quash claims against them for negligence and violation of California's unfair competition law (UCL) in relation to an allegedly stolen photograph that was uploaded online...

Mealey's Antitrust/Unfair Competition - Use Of Partially Hydrogenated Oil Does Not Violate Federal Law, Judge Says

SAN DIEGO - After determining that the use of partially hydrogenated oil (PHO) in food products does not violate federal law, a California federal judge on Nov. 8 dismissed a consumer's claims for violation of California's unfair competition law (UCL) and various other claims against a maker...

Mealey's Antitrust/Unfair Competition - Judge Allows Truck Driver's UCL Claims Against Employer To Proceed

LOS ANGELES - A California federal judge on Nov. 8 refused to dismiss a former truck driver's claims for violation of California's unfair competition law (UCL) and Labor Code in relation to allegedly unpaid wages, finding that her employer's arguments on the inapplicability of California...

Mealey's Antitrust/Unfair Competition - Surgical Gown California Class Certified; Nationwide Class Denied

LOS ANGELES - A California federal judge on Nov. 14 certified a refund and injunction class of Californians who purchased allegedly defective surgical gowns from Kimberly-Clark Corp. but denied certifying a nationwide class of purchasers because of differences in state fraud laws (Hrayr Shahinian, et...

Mealey's Antitrust/Unfair Competition - Class Representative In Jos. A. Bank False Advertising Suit Sanctioned For Lying

SAN DIEGO - A California federal judge on Nov. 15 ordered the class representative in a class action suit that accused Jos. A. Bank Clothiers Inc. of holding perpetual sales and misrepresenting its sale prices to pay $40,000 to the men's clothing company for lying about his purchases (David M. Lucas...

Mealey's Antitrust/Unfair Competition - Judge Finds Employment Claims Are Not Arbitrable, Agreement Is Unenforceable

SAN FRANCISCO - Considering the recent ruling in Morris v. Ernst & Young (834 F.3d 975 [9th. Cir. 2016]), a California federal judge on Nov. 16 found that a class action waiver in an employment-related arbitration agreement was unenforceable under the National Labor Relations Act (NLRA) (Ravi Whitworth...

Mealey's Antitrust/Unfair Competition - Summary Judgment For Purina Is Granted In Alleged Toxic Pet Food Case

SAN FRANCISCO - A California federal judge on Nov. 17 granted a summary judgment motion filed by Nestle Purina Petcare Co. and ordered the file closed in a proposed class complaint accusing the pet food maker of using toxic substances in its Beneful brand dog food (Frank Lucido v. Nestle Purina Petcare...

Mealey's Antitrust/Unfair Competition - 9th Circuit Finds No Support For Borrower's UCL And Negligence Claims

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 23 affirmed a district court's decision to dismiss claims for negligence and violation of California's unfair competition law (UCL), finding that a borrower's claims related to the transfer of his mortgage lacked legal or factual...

Mealey's Antitrust/Unfair Competition - Judge Finds UCL Claims Against Diamond Importer Are Preempted Under CUTSA

SAN FRANCISCO - A California federal judge on Nov. 22 dismissed counterclaims for violation of California's unfair competition law (UCL) and misappropriation of trade secrets in relation to an Indian diamond importer's use of a confidential customer list, finding that the claims were displaced...

Mealey's Antitrust/Unfair Competition - Judge Enters Default Ruling On Claims For Illegal Broadcast

SAN JOSE, Calif. - After the owners of a restaurant where a televised event was allegedly illegally broadcast failed to respond to claims for violation of California's unfair competition law (UCL) and other claims, a California federal judge on Nov. 28 entered a default ruling in favor of a production...

Mealey's Antitrust/Unfair Competition - Plaintiffs In Pinnacle Hip Bellwether Trial Will Seek State Consumer Law Penalties

DALLAS - Six plaintiffs in an ongoing DePuy Pinnacle hip multidistrict litigation bellwether trial on Nov. 28 told a Texas federal court that after the verdict, they intend to ask the court to determine that defendant DePuy Orthopaedics Inc. violated California's unfair competition law (UCL) and...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Borrower To Amend Claims Against Loan Servicer

SAN FRANCISCO - A California federal judge on Dec. 5 dismissed claims for wrongful foreclosure and violations of the California civil code against two mortgage-related entities but granted a borrower leave to file a second amended complaint against one lender in relation to the foreclosure of her property...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim In Dispute Over Technology For Taxi Payments

SAN FRANCISCO - A California federal judge on Dec. 6 granted a technology company's motion to dismiss a counterclaim asserted by the maker of a mobile application that allows for credit card payments to taxicab drivers, finding no facts to support its claim for violation of California's unfair...