LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Grants Motion To Strike Punitive Damages Claim Related To Car Issues

FRESNO, Calif. - A California federal judge on April 7 granted a motion filed by Ford Motor Co. to strike a consumer's punitive damages claim, finding that her claims under California's unfair competition law (UCL) and other claims do not allow for punitive damages (Beverly J. Marshall v. Ford...

Mealey's Antitrust/Unfair Competition - Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

LOS ANGELES - Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on "for many years further after today's...

Mealey's Antitrust/Unfair Competition - Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class...

Mealey's Antitrust/Unfair Competition - Judge Finds Company In Contempt For Unlawfully Selling Domain Names

LOS ANGELES - A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order...

Mealey's Antitrust/Unfair Competition - 3rd Circuit Keeps Jurisdiction Over Walker Process Claim In Antitrust Action

PHILADELPHIA - Allegations by myriad plaintiffs that the companies that hold patents for the brand name drugs Lipitor and Effexor XR engaged in fraudulent patent procurement - known as Walker Process fraud pursuant to Walker Process Equip., Inc. v. Food Mach. & Chem. Corp., 382 U.S. 172 (1965) -...

Mealey's Antitrust/Unfair Competition - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Contract Claims Against Financial Adviser, Allows Amendment

SAN FRANCISCO - A California federal judge on April 18 granted a motion filed by an investment advising company to dismiss claims for fraud and violation of California's unfair competition law (UCL) asserted by a technical services company and a wealth management company in relation to an underlying...

Mealey's Antitrust/Unfair Competition - Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172...

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on...

Mealey's Antitrust/Unfair Competition - 9th Circuit Certifies Question On Interest Rates To California High Court

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS...

Mealey's Antitrust/Unfair Competition - Iowa Supreme Court Vacates Stay Of Chiropractors' Price-Fixing Class Suit

DES MOINES, Iowa - An Iowa trial court erred when it stayed a price-fixing class complaint filed by chiropractors against the state's largest health insurer pending resolution of a federal multidistrict litigation in Alabama, the Iowa Supreme Court ruled April 21, vacating the order staying the action...

Mealey's Antitrust/Unfair Competition - Judge Severs Military Law Claims From Officer's Federal Complaint

SAN JOSE, Calif. - A California federal judge on April 24 severed a petition filed under California military law from a complaint in which an officer in the California Army National Guard (CAARNG) asserted claims for violation of California's unfair competition law (UCL) and other claims in relation...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Infringement Claim Against Party City Over Drink Vessel Patent

SAN DIEGO - A California federal judge on April 25 dismissed claims asserted by a drink vessel maker for patent infringement and unjust enrichment in relation to a party supply retailer's alleged infringement on its utility patent but found that part of its claim for violation of California's...

Mealey's Antitrust/Unfair Competition - Insured Waived Appeal Of Dismissal Of Unfair Competition Claim, 9th Circuit Says

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 25 affirmed a lower federal court's ruling in favor of a homeowners insurer in its insured's lawsuit alleging violations under the Fair Credit Reporting Act (FCRA) and California's unfair competition law (UCL) (Kamlesh Banga...

Mealey's Antitrust/Unfair Competition - Judge: Plaintiff Failed To Show Any DTSA Violation After Statute's Enactment

SAN FRANCISCO - Dismissal of nonpatent claims in a patent infringement and misappropriation of trade secrets lawsuit is proper because a company has failed to show that the alleged misappropriation of its trade secrets occurred after the enactment of the Defend Trade Secrets Act (DTSA), a federal judge...

Mealey's Antitrust/Unfair Competition - Judge Remands Wrongful Termination Suit For Untimely Removal

LOS ANGELES - After finding that an advertising firm's removal of a former employee's case asserting claims for wrongful termination and violation of California's unfair competition law (UCL) was not proper, a California federal judge on April 26 remanded the case to a state court (Annabel...

Mealey's Banking & Finance - ACA Medical Loss Ratio Includes Insurer's Settlement Payments, Judge Says

LOS ANGELES - More than $34 million an insurer paid as a result of improperly categorizing out-of-network providers counts as incurred claims for purposes of the Patient Protection and Affordable Care Act (ACA)'s medical loss ratio (MLR), a federal judge in California held May 1 in denying remand...

Mealey's Antitrust/Unfair Competition - Judge Finds Alcohol Monitoring Device Companies Did Not Misrepresent Products

LOS ANGELES - A California federal judge on April 28 granted a motion filed by the maker and distributor of alcohol monitoring devices to dismiss claims for violation of California's unfair competition law (UCL) and fraud claims against them, finding that they failed to plead sufficient facts to...

Mealey's Antitrust/Unfair Competition - 9th Circuit Reverses Dismissal Of Insured's UCL Claims Against AARP

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 2 reversed a district court's dismissal of an insured's claims for violation of California's unfair competition law (UCL), finding that he plausibly stated a claim that an insurer was soliciting insurance in California without...

Mealey's Antitrust/Unfair Competition - Judge Finds No Support For Declaratory Relief Claim Against Solar Energy Firm

SAN FRANCISCO - A California federal judge on May 4 granted a partial motion to dismiss claims in an action filed by a solar energy company that alleges that a former employee violated California's unfair competition law (UCL) and breached a confidentiality agreement when she began working for a...

Mealey's Antitrust/Unfair Competition - Magistrate Finds Borrower Lacks Standing Under California High Court Ruling

FRESNO, Calif. - After finding that a borrower lacked standing under a recently decided California Supreme Court ruling to challenge a foreclosure and that his claims were not cognizably pleaded, a California federal magistrate judge on May 8 recommended that a motion to amend the borrower's complaint...

Mealey's Antitrust/Unfair Competition - Trial Court Properly Rejected UCL Foreclosure Claims, Appeals Court Finds

SAN JOSE, Calif. - A couple lacks the authority to challenge the assignment of the rights to the mortgage on their property in an effort to preempt foreclosure, a California appeals court held May 9 in affirming judgment on unfair competition law (UCL) claims (William E. Hellmuth, et al. v. Bank of America...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Foreclosure-Related Claims Against CitiMortgage, Allows Amendment

SAN FRANCISCO - A California federal judge on May 17 partially granted a mortgage company's motion to dismiss claims including violation of California's unfair competition law (UCL), allowing part of a borrower's dual tracking claim to proceed and dismissing the remainder of the claims with...

Mealey's Antitrust/Unfair Competition - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al.,...

Mealey's Antitrust/Unfair Competition - Judge Finds Borrower Did Not Allege New Facts To Support Amendment

FRESNO, Calif. - A California federal judge on May 18 denied a borrower's motion to amend her complaint in which she alleges that a bank violated California's unfair competition law (UCL) and other laws related to a wrongful foreclosure, finding that she failed to allege any facts that would...