ALBANY, N.Y. - Four copyright infringement defendants prevailed on a Rule 12(b)(6) motion to dismiss March 27, when a New York federal judge agreed that an architect plaintiff failed to allege any factual allegation linking them to the alleged wrongful conduct (Dominick Ranieri d/b/a Dominick Ranieri Architect, P.C., v. Adirondack Development Group LLC et al., No. 11-1013, N.D. N.Y.)....(read more)![]()
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New York Judge Dismisses Defendants In Copyright Case
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Prisoner's Claim For Ceremonial Tobacco Is Ruled Moot By Transfer
FRESNO, Calif. - A prisoner claiming confiscation of tobacco and other items by California Department of Corrections and Rehabilitation (CDCR) officials infringed his religious rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) was denied injunctive relief by a federal magistrate judge in California, who said in a March 25 report and recommendation that because the prisoner had been moved, his claims were moot (Tracy Taylor v. Susan Hubbard...(read more)![]()
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Class Suit Over Auto Shop Fees Tossed By Missouri Federal Judge
ST. LOUIS - A Missouri federal judge on March 27 granted summary judgment to a mechanic accused of improperly assessing customers a "Shop Supplies Fee" in violation of Missouri law (John McCall, et al. v. Monroe Muffler Brake, Inc., et al., No. 10-269, E.D. Mo.; 2013 U.S. Dist. LEXIS 43233)....(read more)![]()
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Insurance Company Relieved Of Duty To Defend Insured In Produced Water Class Action
MUSKOGEE, Okla. - Summary judgment was granted March 26 in the U.S. District Court for the Eastern District of Oklahoma to an insurance company that provided general liability and umbrella coverage to a defendant in a state court class action alleging environmental damage from the disposal of produced water from a coal-ash waste disposal site (Colony Insurance Co. v. Bear Productions Inc., No. 12-122, E.D. Okla.; 2013 U.S. Dist. LEXIS 43716)....(read more)![]()
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Missouri Plaintiffs Alleging Radiation Exposure Injuries Have Until May 10 To Amend
ST. LOUIS- The plaintiffs pursuing personal injury claims in the U.S. District Court for the Eastern District of Missouri against contractors and successors to contractors engaged in the Manhattan Engineering Project near the St. Louis Airport have until May 10 to file an amended complaint to adequately plead Price-Anderson Act liability claims in a radiation exposure lawsuit; state law claims against the defendants were dismissed with prejudice in the order entered March 27 (Scott D. McClurg, et...(read more)![]()
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High Court: Class Certification In Antitrust Case Was Improper
WASHINGTON, D.C. - The U.S. Supreme Court on March 27 ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a classwide basis (Comcast Corporation, et al. v. Caroline Behrend, et al., No. 11-864, U.S. Sup.; See November 2012)....(read more)![]()
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Magistrate Judge Recommends Class Certification Be Denied To Direct Purchasers
TAMPA, Fla. - A federal magistrate judge in Florida on March 12 recommended that a group of direct purchasers of photochromic lenses be denied class certification in antitrust litigation against the lens manufacturers, concluding that the direct purchasers failed to demonstrate adequacy and predominance (In re: Photochromic Lens Antitrust Litigation, No. 8:10-md-2173-JDW-EAJ, M.D. Fla.)....(read more)![]()
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Jury Finds Chinese Vitamin C Makers Fixed Prices; $153.3M Judgment Entered
NEW YORK - A federal judge in New York on March 14 entered judgment for $153.3 million after trebling a jury's $54.1 million verdict in favor of a direct purchaser class on its allegations that Chinese corporations participated in an illegal cartel to fix prices and limit supply for exports of vitamin C to the United States (In re Vitamin C Antitrust Litigation $(Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd., et al.$), No. 06-md-1738, No. 05-cv-0453, E.D. N.Y...(read more)![]()
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Dow Moves To Vacate $400M Award To Direct Purchasers In Urethane Antitrust Case
KANSAS CITY, Kan. - Dow Chemical Co., the sole remaining defendant in multidistrict litigation against polyether polyol products (PPPs) manufacturers accused of price fixing, moved on March 5 to vacate a $400,049,039 jury verdict in favor of a class of direct purchasers, enter judgment in favor of Dow, decertify the class or, in the alternative, order a new trial (In re: Urethane Antitrust Litigation $(Polyether Polyol Cases$), MDL No. 1616, Civil No. 2:04-md-01616-JWL, D. Kan.; See February 2013...(read more)![]()
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MDL Judge Approves Settlement Between Toshiba, Direct CRT Purchasers
SAN FRANCISCO - A federal judge on March 18 certified a settlement class and granted preliminary approval of a $13.5 million settlement between direct purchasers of cathode ray tubes (CRTs) and Toshiba on the direct purchasers' price-fixing claims in antitrust multidistrict litigation (In re: Cathode Ray Tube $(CRT$) Antitrust Litigation $(Direct Purchaser Actions$), MDL No. 1917, No. 3:07-cv-05944, N.D. Calif.)....(read more)![]()
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Indirect Purchasers Voluntarily Dismiss Samsung From CRT Antitrust MDL
SAN FRANCISCO - A federal judge in California on March 13 approved a stipulation dismissing Samsung Electronics Co. Ltd. and Samsung Electronics America Inc. from antitrust multidistrict litigation brought by indirect purchasers of cathode ray tubes (CRTs) against CRT manufacturers (In re: Cathode Ray Tube (CRT) Antitrust Litigation $(Indirect Purchaser Actions$), MDL No. 1917, No. 3:07-cv-05944, N.D. Calif.)....(read more)![]()
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Visa, MasterCard, Banks Oppose Motion To Alter Judgment In ATM Fee Antitrust Case
WASHINGTON, D.C. - Visa, MasterCard and several banks on March 22 opposed a motion to alter the judgment of a federal judge in the District of Columbia dismissing actions brought by independent operators of automated teller machines (ATMs) and several ATM users who alleged that Visa and MasterCard violated federal antitrust law by establishing and enforcing a uniform agreement among payment card-issuing banks in the United States to fix prices for ATM services (The National ATM Council, Inc., et...(read more)![]()
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Silver Price-Fixing Allegations Against JPMorgan Are Dismissed
NEW YORK - A federal judge in New York on March 18 dismissed allegations that JPMorgan violated federal antitrust law by participating in a conspiracy to manipulate market prices for silver futures (In re Commodity Exchange, Inc. Silver Futures and Options Trading Litigation, No. 11 md 02213, S.D. N.Y.; 2013 U.S. Dist. LEXIS 37122)....(read more)![]()
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DOJ, Michigan Move To Dismiss Antitrust Suit Against Blue Cross Over MFN Clauses
DETROIT - Following the Michigan Legislature's passage of bills prohibiting the use of "most favored nation" (MFN) clauses, the United States, Michigan and Blue Cross Blue Shield of Michigan on March 25 filed a joint motion to dismiss allegations that Blue Cross violated federal and state antitrust laws by including such clauses in its contracts with hospitals in Michigan (United States of America and the State of Michigan v. Blue Cross Blue Shield of Michigan, No. 10-14155, E.D. Mich...(read more)![]()
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Class Action Suit Alleges Antitrust Violations Against Blue Cross Blue Shield
BIRMINGHAM, Ala. - An Arkansas resident on Feb. 20 filed a new complaint in Alabama federal court, adding to the multidistrict litigation cases alleging that agreements between Blue Cross Blue Shield Association (BCBSA) and its 38 licensees divide and allocate health insurance markets throughout the United States in violation of Sections 1 and 2 of the Sherman Act and various state laws (In re: Blue Cross Blue Shield Antitrust Litigation; Robert Finne v. Usable Mutual Insurance Co., et al., MDL No...(read more)![]()
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Reverse-Payment Settlements Presumptively Anticompetitive, FTC Tells High Court
WASHINGTON, D.C. - The Federal Trade Commission told the U.S. Supreme Court in oral arguments on March 25 that the court should treat reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug as presumptively invalid (Federal Trade Commission v. Actavis, Inc., et al., No. 12-416, U.S. Sup.; See February 2013)....(read more)![]()
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Refusal To License Copyrighted Products Not Anticompetitive, Federal Judge Rules
DENVER - A company's refusal to license its copyrighted airport terminal charts and its proprietary products did not violate federal antitrust law because the company validly asserted its rights under the Copyright Act, a federal judge in Colorado ruled March 22 (SolidFX, LLC v. Jeppesen Sanderson, Inc., No. 1:11-cv-01468, D. Colo.; 2013 U.S. Dist. LEXIS 40253)....(read more)![]()
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Wholesale Drug Purchaser's Antitrust Claims Against Patent Holder Fail
NEW YORK - A drug patent holder that settled patent infringement litigation by granting licenses to and entering requirements contracts with generic manufacturers does not violate federal antitrust law by breaching those requirements contracts, a federal judge in New York ruled March 6 (Louisiana Wholesale Drug Company, Inc. v. Shire LLC, et al., No. 12 Civ. 3711, S.D. N.Y.)....(read more)![]()
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American Airlines, Travelport Settle Antitrust Claims Over Distribution System
FORT WORTH, Texas - Travelport Ltd. and Travelport L.P. (collectively, Travelport) and American Airlines Inc. filed a joint motion on March 13 indicating that they have settled American's claims that Travelport blocked American's system for distributing its fare and schedule information (American Airlines, Inc. v. Travelport Ltd., et al., No. 4:11-cv-244-Y, N.D. Texas)....(read more)![]()
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Customer Of TV Ratings Firm Nielsen Lacks Antitrust Standing, 11th Circuit Rules
ATLANTA - A customer of Nielsen Media Research Inc. failed to establish that it was an efficient enforcer of antitrust laws because it did not demonstrate that any potential competitors were willing and able to provide local television viewership ratings in the Miami area, the 11th Circuit U.S. Court of Appeals said March 4 in affirming that the customer lacked antitrust standing (Sunbeam Television Corp. v. Nielsen Media Research, Inc., No. 11-10901, 11th Cir.; 2013 U.S. App. LEXIS 4452)....(read more)![]()
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