LexisNexis® Legal Newsroom
    Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss UCL, Contract Claims Against Geico

    SAN JOSE, Calif. - A California federal judge on Jan. 19 granted the majority of an insurer's motion for summary judgment as to claims for fraud and declaratory relief asserted against it by an insured who sought coverage for vehicle theft, but allowed part of his claim for violation of California's unfair competition law (UCL) and breach of contract to proceed, finding that issues of triable fact exist as to whether the coverage claim was denied based solely on his inability to produce cell phone records that were not available (Christopher T. Monroe v. Geico General Insurance Company, No. 5:14-cv-05174, N.D. Calif., 2018 U.S. Dist. LEXIS 9106).

    Mealey's Antitrust/Unfair Competition - Judge Transfers Noninfringement, UCL Action Against Harley To Wisconsin

    MILWAUKEE - A California federal judge on Jan. 11 transferred an aftermarket motorcycle part company's action in which it seeks a declaration of noninfringement and asserts a claim for violation of California's unfair competition law (UCL) against a motorcycle maker to the U.S. District Court for the Eastern District of Wisconsin, noting that an underlying cease-and-desist letter originated in Wisconsin (Cobra Engineering Inc. v. H-D USA Llc, et al., No. 2:18cv71, E.D. Wis.).

    Mealey's Antitrust/Unfair Competition - Class Of Eddie Bauer Employees Certified In Bag Check Suit

    SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege that they were denied pay for time spent undergoing bag checks before they left the stores (Stephanie Heredia v. Eddie Bauer LLC, No. 16-6236, N.D. Calif., 2018 U.S. Dist. LEXIS 4747).

    Mealey's Antitrust/Unfair Competition - Judge Finds Insurer Did Not Improperly Deny Coverage In Violation Of UCL

    SACRAMENTO, Calif. - After finding that an insurer did not violate California's unfair competition law (UCL) when it denied coverage for injuries suffered by an insured in a vehicle accident that had already been paid under a medical plan, a California federal judge on Jan. 8 granted the insurer's motion to dismiss the claim against it without leave to amend (Deborah Quattrocchi v. Allstate Indemnity Company, No. 2:17-cv-01578, E.D. Calif., 2018 U.S. Dist. LEXIS 3922).

    Mealey's Antitrust/Unfair Competition - Judge Compels UCL, Fraud Claim Against Pharma Company To Arbitration In Hong Kong

    SAN DIEGO - After finding that a California natural plant company's claims for violation of California's unfair competition law (UCL) and fraud against a group of companies and their officer in relation to a distribution agreement arose directly under an underlying contract, a California federal judge on Jan. 8 compelled the claims against one business entity to arbitration in Hong Kong (Everest Biosynthesis Group LLC, dba Natural Plant Extracts v. Biosynthesis Pharma Group Limited, et al., No. 17cv1466, S.D. Calif., 2018 U.S. Dist. LEXIS 3258).

    Mealey's Antitrust/Unfair Competition - 9th Circuit Partly Affirms, Partly Reverses In Oracle, Rimini Copyright Case

    SAN FRANCISCO - In a Jan. 8 decision, the Ninth Circuit U.S. Court of Appeals upheld a Nevada federal judge's determination that a third-party software support company committed copyright infringement when it relied on a license granted to one customer to copy software from the Oracle USA Inc. website to provide services to other customers who had no such license (Oracle USA Inc., et al. v. Rimini Street Inc., et al., Nos. 16-16-832 & 16-16905, 9th Cir., 2018 U.S. App. LEXIS 463).

    Mealey's Antitrust/Unfair Competition - Judge Allows UCL, CLRA Class Claims Against Dive Equipment Maker To Proceed

    SAN DIEGO - A California federal judge on Jan. 8 found that purchasers of allegedly defective dive computers sufficiently alleged facts to allow their claims for violation of California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) to survive dismissal, but granted the maker of the equipment's motion to strike a third-party complaint against it (Ralph A. Huntzinger, et al. v. Aqua Lung America Inc., et al., No. 15cv1146, S.D. Calif., 2018 U.S. Dist. LEXIS 3222).

    Mealey's Antitrust/Unfair Competition - Panel Finds Loan Was Not Void, Affirms Dismissal Of UCL, Fraud Claims

    SANTA ANA, Calif. - A California appeals court on Jan. 5 affirmed the dismissal of claims for violation of California's unfair competition law (UCL), fraud and other claims asserted against lenders and a loan servicer, finding that borrowers failed to show that their original loan was void (Andrea E. Lucas, et al. v. Deutsche Bank National Trust Company, et al., No. G053165, Calif. App., 4th Dist., Div. 3, 2018 Cal. App. Unpub. LEXIS 114).

    Mealey's Antitrust/Unfair Competition - California Court Upholds Dismissal Of UCL, Fraud Claims Against Hotel

    LOS ANGELES - A California appeals court on Jan. 4 affirmed a trial court's ruling in favor of a hotel owner and its employees, finding that a tenant, who was evicted, failed to show that they violated California's unfair competition law (UCL) or fraudulently concealed information from him (Troy A. Stewart v. Extended Stay America, et al., No. B278661, Calif. App., 2nd Dist., Div. 4, 2018 Cal. App. Unpub. LEXIS 50).

    Mealey's Antitrust/Unfair Competition - Borrower Sues Lenders For Violations Of UCL, RESPA, Seeks Damages

    LOS ANGELES - A former property owner on Jan. 2 sued a bank and various lenders in a California federal court, asserting causes of action for violation of the Truth in Lending Act (TILA), California's unfair competition law (UCL) and other causes of action related to a loan modification and the foreclosure of the property (Felipe Gonzalez v. J.P. Morgan Chase Bank, et al., No. 2:17-cv-09310, C.D. Calif.).

    Mealey's Antitrust/Unfair Competition - Health Care Product Maker Files Trademark Infringement, UCL Federal Lawsuit

    LOS ANGELES - A California laboratory on Jan. 2 sued several other entities in a California federal court, asserting that they infringed on its trademarks and violated California's unfair competition law (UCL) when they knowingly used the laboratory's federally registered trademarks (Trigg Laboratories Inc. v. WSM Investment LLC, et al., No. 2:18-cv-00024, C.D. Calif.).

    Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal Of UCL, Other Claims As Barred By Securities Law

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 29 affirmed a district court's dismissal of claims for violation of California's unfair competition law (UCL) and other claims asserted against a financial services firm in relation to trades it made to a securities company, finding that all the causes of action were barred by the Securities Litigation Uniform Standards Act (SLUSA) (Francis X. Fleming Jr. v. The Charles Schwab Corporation, et al., Nos. 16-15179, 16-15189, 9th Cir., 2017 U.S. App. LEXIS 26982).

    Mealey's Antitrust/Unfair Competition - Summary Judgment Denied In Korean Ramen Price-Fixing Class Suit

    SAN FRANCISCO - Purchasers of Korean ramen noodles who allege that a price-fixing scheme was started in 2001 by the noodle makers may proceed with claims against the two companies that remain as defendants, a California federal judge ruled Dec. 28, denying motions for summary judgment (In re Korean Ramen Antitrust Litigation, No. 13-4115, N.D. Calif., 2017 U.S. Dist. LEXIS 212843).

    Mealey's Antitrust/Unfair Competition - Federal Judge Finds Borrower Lacks Standing Under UCL, Dismisses Claims

    SAN JOSE, Calif. - After finding that a borrower failed to show that he had standing to assert a claim for violation of California's unfair competition law (UCL) and that he failed to plead facts to support a claim for violation of California housing law, a California federal judge on Dec. 20 granted a bank's motion to dismiss the claims with leave to amend (Donald Livermore v. Wells Fargo Bank, No. 17-cv-03347, N.D. Calif., 2017 U.S. Dist. LEXIS 209463).

    Mealey's Antitrust/Unfair Competition - Homeowners Allege Contractor Violated UCL, Breached Contracts For Fire Repair

    SANTA ANA, Calif. - Homeowners whose property was damaged in a fire on Dec. 20 sued a contractor and his company in a California court, asserting claims for breach of contract and violation of California's unfair competition law (UCL) in relation to repairs that they paid for, which were allegedly never completed (Donna Miranda, et al. v. A's Contractor Inc., et al., No. 30-2017-000962524, Calif. Super., Orange Co.).

    Mealey's Antitrust/Unfair Competition - Panel Reverses Dismissal Of Foreclosure Claim, Finds Case Was Not Precluded

    LOS ANGELES - A California appeals court on Dec. 20 reversed a trial court's order finding that a borrower's claims for unlawful foreclosure were barred by a ruling in a previous lawsuit, finding that the first lawsuit was not decided on the merits (Paula Boyd v. David Freeman, No. B279246, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 1138).

    Mealey's Antitrust/Unfair Competition - Judge Denies GoDaddy's Request For Restraining Order In Infringement, UCL Case

    OAKLAND, Calif. - A California federal judge on Dec. 20 denied a request by GoDaddy Operating Co. LLC, which asserts causes of action for trademark infringement and violation of California's unfair competition law (UCL) against a graphics company and others, for a temporary restraining order, finding that the issue would be better decided on fully-briefed motions for an injunction rather than a temporary restraining order (GoDaddy Operating Company, LLC v. Usman Ghaznavi, et al., No. 17-cv-6545, N.D. Calif., 2017 U.S. Dist. LEXIS 209386).

    Mealey's Antitrust/Unfair Competition - Judge Transfers Class Action Challenging Natural Products Labeling

    SAN DIEGO - A California federal judge on Dec. 15 refused to dismiss a class action complaint filed by the makers and sellers of allegedly all natural products, but granted a request to transfer the case where a similar action has been stayed pending a determination by the Food and Drug Administration on whether the term "natural" should be regulated on food labels (Janell Johnson Campbell v. Annie's Homegrown Inc., et al., No. 17cv1736, S.D. Calif., 2017 U.S. Dist. LEXIS 206808).

    Mealey's Antitrust/Unfair Competition - 9th Circuit Finds Weight Loss Supplement Maker Did Not Represent Results

    SAN FRANCISCO - After finding that a consumer failed to show that a research group made false misrepresentations about the proven results of its weight loss product, the Ninth Circuit U.S. Court of Appeals on Dec. 15 affirmed a district court's dismissal of his claims for violation of California's unfair competition law (UCL) and other California laws (Alhareth Aloudi v. Intramedic Research Group LLC, No. 16-15876, 9th Cir., 2017 U.S. App. LEXIS 25420).

    Mealey's Antitrust/Unfair Competition - Magistrate Judge Won't Dismiss Amended Complaint In Generic Lovenox Antitrust Case

    NASHVILLE, Tenn. - A Tennessee federal magistrate judge on Dec. 14 allowed two plaintiffs to file an amended complaint against two drug companies for alleged antitrust violations for their distribution of enoxaparin, a generic version of the anticoagulant Lovenox (The Hospital Authority of Metropolitan Government of Nashville and Davidson County, Tennessee, et al. v. Momenta Pharmaceuticals, Inc., et al., No. 15-1100, M.D. Tenn., Nashville Div., 2017 U.S. Dist. LEXIS 205747).

    Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Claims As Untimely In Franchise Agreement Dispute

    OAKLAND, Calif. - A California federal judge on Dec. 12 held that a franchisee's breach of contract, bad faith and unfair business practices in violation of California Business and Professions Code Section 17200, Cal. Bus. & Prof. Code 17200, claims against a franchisor are untimely, further rejecting the franchisee's argument that the franchisor is estopped from relying on a statute of limitations defense (Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC, No. 16-04791, N.D. Calif., 2017 U.S. Dist. LEXIS 204410).

    Mealey's Antitrust/Unfair Competition - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

    WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).

    Mealey's Antitrust/Unfair Competition - California Panel Reverses Dismissal Of City's UCL Claims Against Contractors

    LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).

    Mealey's Antitrust/Unfair Competition - LinkedIn, Analytics Firm Debate CFAA, UCL Principles In 9th Circuit Briefs

    SAN FRANCISCO - In a Dec. 11 reply brief seeking reversal of an injunction preventing it from blocking a data analytics firm from scraping user information from its site, LinkedIn Corp. tells the Ninth Circuit U.S. Court of Appeals that the plaintiff's activities violated the Computer Fraud and Abuse Act (CFAA), while contending that its blocking measures do not violate California's unfair competition law (UCL) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

    Mealey's Antitrust/Unfair Competition - Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages

    SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy requirement for a class action (Jian-Ming "Scott" Zhao v. RelayRides Inc., et al., No. 17-cv-04099, N.D. Calif., 2017 U.S. Dist. LEXIS 204415).