LexisNexis® Legal Newsroom
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...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Securities Claims Related To Allegedly Fraudulent Club Investment

SAN DIEGO - A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v...

Mealey's Antitrust/Unfair Competition - Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims

SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary...

Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss Insurers' Class Claims For Damages After Subrogation

LOS ANGELES - A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they...

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal Of Conspiracy Claims Against Regal Entertainment

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 23 affirmed a district court's dismissal of claims asserted by a movie theater owner against a competitor, finding that since its claims for violation of the Cartwright Act failed, its other causes of action for violation of California's...

Mealey's Antitrust/Unfair Competition - $51.15M Condo-Hotel Sales Disclosure Settlement Is Preliminarily Approved

SAN DIEGO - A California federal judge on May 24 granted preliminary approval of a $51,150,000 settlement to be paid the developers of a condominium-hotel project in San Diego for allegedly failing to disclose the buyers' right to rescind their purchase contracts in violation of the Interstate Land...

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...