LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Dismisses Class Action Claims Against Maker Of Cheez-It Crackers

CENTRAL ISLIP, N.Y. - After finding that Kellogg Co. did not deceive consumers regarding the amount of whole grain in its crackers, a New York federal judge on May 31 granted the company's motion to dismiss a class action against it in which the purchasers asserted causes of action for violation...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Allow Amendment, Denies Reinstatement Of Fraud Claim

SACRAMENTO, Calif. - A California federal judge on May 30 denied a borrower's motion to file an amended complaint to add a new lender as a defendant and to reinstate previously dismissed claims for fraud and misrepresentation, finding that he failed to submit any new information warranting amendment...

Mealey's Antitrust/Unfair Competition - Click Fraud Class Complaint Over Google AdWords Program Dismissed

SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition...

Mealey's Antitrust/Unfair Competition - California Court Affirms $6.8M Penalty Imposed On Overstock For Inflated Pricing

SAN FRANCISCO - A California appeals court on June 2 affirmed a trial court's decision to impose $6,828,000 in civil penalties against an online retailer after determining that it violated California's unfair competition law (UCL) and false advertising law (FAL) when it made untrue and misleading...

Mealey's Antitrust/Unfair Competition - Judge Asks FDA To Review Whether Almond Milk Packaging Is Misleading

FRESNO, Calif. - A California federal judge on June 6 stayed a consumer's claims for violation of California's unfair competition law (UCL) and for false advertising, referring the issue of whether the maker of Silk Almondmilk made misleading statements on its packaging about the ingredients...

Mealey's Antitrust/Unfair Competition - Supreme Court: BPCIA Provision Not Enforceable With Federal Injunction

WASHINGTON, D.C. - The requirement of Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262(k), that a biologic applicant provide a sponsor with its applications and manufacturing information is not enforceable with a federal injunction, the U.S. Supreme...

Mealey's Antitrust/Unfair Competition - California Court Affirms Order Denying Fees In Health Privacy Case

SACRAMENTO, Calif. - A California appeals panel on June 9 affirmed a trial court's ruling that a patient, who alleged that a health care provider violated her privacy when it submitted her private health records as exhibits to a complaint in a debt collection action, did not err when it refused to...

Mealey's Antitrust/Unfair Competition - Law Firm Joins Prosecution Of Class Action Against Williams-Sonoma

SAN DIEGO - Haeggquist & Eck on June 12 announced that it has joined other firms in prosecuting a class action lawsuit filed against Williams-Sonoma currently pending in a California federal court in which claimants assert that the retailer knowingly misrepresented thread counts on the packaging...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Strike Claims Related To Butter Wine Trademark

SAN FRANCISCO - A California federal judge on June 12 refused to strike a wine maker's claim for violation of California's unfair competition law (UCL) and another claim in relation to its alleged misuse of a trademark for a chardonnay, finding that the owner of the mark showed a probability...

Mealey's Antitrust/Unfair Competition - Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for...

Mealey's Antitrust/Unfair Competition - Pa. Federal Judge Appoints Lead Plaintiff In Securities Fraud Class Action Suit

PHILADELPHIA - A Pennsylvania federal judge on June 13 appointed the lead plaintiff in a securities fraud class action suit after determining that the sole movant for lead plaintiff suffered the largest financial loss in the proposed class of more than $83,000 (Courtney Elkin v. Walter Investment Management...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims

SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts...

Mealey's Antitrust/Unfair Competition - California Court Finds Borrower Lacked Standing To Assert UCL Claim

RIVERSIDE, Calif. - A California appeals court on June 16 affirmed a trial court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL), breach of contract and negligent misrepresentation, finding that he lacked standing and that he was not a party to...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Substitute Insurer As Defendant In UCL, Coverage Case

SAN DIEGO - A California federal judge on June 16 denied a request filed by a group of development companies to substitute an insurer as a defendant in an action seeking coverage in an underlying construction defects case, finding that the substitution would not advance the litigation and refusing to...

Mealey's Antitrust/Unfair Competition - Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act

SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement...

Mealey's Antitrust/Unfair Competition - California Federal Judge Finds Wage Claims Exceed $12M, Denies Remand

RIVERSIDE, Calif. - A California federal judge on June 22 denied a motion to remand a wage-and-hour class complaint seeking, in part, unpaid compensation for missed meal and rest breaks, finding that the amount in controversy exceeds $12 million (Belen Torrez, et al. v. Freedom Mortgage, Corp., et al...

Mealey's Antitrust/Unfair Competition - Judge Finds Circle K Stores Did Not Misrepresent Purchase Price Of Station

LOS ANGELES - A California federal judge on June 26 granted summary judgment in favor of a gas station franchisor on a franchisee's claims for violation of California's unfair competition law (UCL) fraud, finding that it could not find that the gas station owner misled the franchisee to believe...

Mealey's Antitrust/Unfair Competition - Judge Extends Deadline For Microwave Maker To Respond To Class Complaint

FRESNO, Calif. - A California federal judge on June 28 granted a microwave maker's application to extend a deadline for it to respond to a class action complaint in which consumers assert violations of California law, pending the outcome of a motion to transfer the case to another court (Erika Mendoza...

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL, FDCPA Claims For Lack Of Standing To Challenge Assignment

SACRAMENTO, Calif. - A California federal judge on June 29 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims, finding that she lacked standing to challenge an allegedly untimely assignment of the loan into a trust (Roberta Thrower...

Mealey's Antitrust/Unfair Competition - Judge Finds PAGA Penalties Are Not Included Amount In Controversy

RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center

LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the...

Mealey's Antitrust/Unfair Competition - Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling

LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Strike Class Claims Against Macy's, Dismisses UCL, FAL Claims

OAKLAND, Calif. - After finding that consumers failed to assert claims related to pricing against retailers for violation of California's unfair competition law (UCL) and for false advertising with the required specificity, a California judge dismissed the majority of their claims but granted them...

Mealey's Antitrust/Unfair Competition - 9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims

SAN FRANCISCO - After finding that borrowers failed to show that two banks violated California's unfair competition law (UCL) or wrongfully foreclosed on their property, the Ninth Circuit U.S. Court of Appeals on July 13 affirmed a district court's dismissal of their complaint (Brock Williams...

Mealey's Antitrust/Unfair Competition - Class UCL Suit Sent Back To California For Reconsideration Of Forum

TULSA, Okla. - An Oklahoma federal judge on July 14 sent a class complaint alleging unfair business practices back to California for reconsideration of a business contract's forum-selection clause, noting that the case presents an "extraordinary situation where a transfer order is clearly erroneous...