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Service Company Fails To Show Market Power In Aftermarket Tying Claim, Judge...
SAN FRANCISCO - A third-party service provider that alleged that Oracle America Inc. unlawfully tied the sales of updates to its proprietary software to the purchase of Oracle support services failed...
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DOJ, ABI Settlement Reached; Divestiture Of Modela's Domestic Business Required
WASHINGTON, D.C. - A federal judge in the District of Columbia on April 22 signed the proposed settlement of the U.S. Department of Justice's action challenging Anheuser-Busch InBev SA/NV's (ABI)...
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FTC Seeks Expedited Remand In Hospital Merger Case
ATLANTA - The Federal Trade Commission on April 18 asked the 11th Circuit U.S. Court of Appeals to issue an expedited order remanding its challenge to the merger between Georgia hospitals following the...
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High Court Review Sought In Antitrust Case Involving Multiyear Contracts
WASHINGTON, D.C. - A manufacturer is seeking review by the U.S. Supreme Court of a Third Circuit U.S. Court of Appeals divided ruling that there was sufficient evidence for a jury to have concluded...
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High Court Review Sought Of En Banc 11th Circuit Ruling In Favor Of Hedge Funds
WASHINGTON, D.C. - Atlanticus Holdings Corp., formerly known as ComputCredit Holdings Corp., (CompuCredit) on March 18 petitioned the U.S. Supreme Court to review the ruling of an evenly divided en...
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Purchasers In Antitrust Case Oppose Decertification Based On Comcast
KANSAS CITY, Kan. - Direct purchasers of polyether polyol products (PPPs) who won a $400,049,039 jury verdict against manufacturer Dow Chemical Co., the sole remaining defendant in multidistrict...
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Certification Denied For Employees' Conspiracy Claims Against High-Tech...
SAN JOSE, Calif. - A federal judge in California on April 5 denied certification of two proposed classes of employees of seven high-tech companies on the employees' allegations that the defendants...
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D.C. Circuit Has Jurisdiction Over FTC Appeal In Enforcement Action
WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on April 12 denied Boehringer Ingelheim Pharmaceuticals Inc.'s motion to dismiss the Federal Trade Commission's appeal of two...
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High Court Won't Review Filed-Rate Doctrine, Indirect Purchaser Rulings
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 declined to review the Second Circuit U.S. Court of Appeals ruling that a consumer who alleged that a New York City provider of...
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State Claims Against Gas Traders Are Not Preempted, 9th Circuit Rules
SAN FRANCISCO - Natural gas purchasers' state law claims alleging that gas companies conspired to manipulate the natural gas market, which gave rise to the energy crisis in 2000-2001, are not barred by...
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Court: Insurer's Low-Ball Offer For Third Party's Harms Not An Effort to Defraud
SAN DIEGO - An insurer's denial of liability and a low-ball settlement offer to an individual allegedly injured by its insured do not constitute an effort to defraud, a state court held March 18 in...
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With All Disputes Settled, Post-Remand Confirmation Hearing For Thorpe Slated
LOS ANGELES - A California federal bankruptcy judge on March 13 scheduled a confirmation hearing for an amended Chapter 11 plan of reorganization for Thorpe Insulation Co. after finding that all...
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Appeals Court: Merely Retaining Attorney Does Not Fulfill Duty To Defend
CHICAGO - Even though an insurer retained an attorney to defend its insured in personal injury cases, an Illinois appeals panel on April 17 held that, in light of the attorney's subsequent failure to...
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Idaho High Court: Insurer Not Liable For Damages, Must Pay Defense Costs
BOISE, Idaho - A commercial general liability (CGL) insurer had no duty to indemnify a construction company for damages awarded in connection with a claim that sounded in contract, an Idaho Supreme...
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Magistrate: Insurer Cannot Use Attorney-Client Privilege Against Its Own Insured
INDIANAPOLIS - Even though an insurer and its insured are now adverse parties in an insurance bad faith dispute, an Indiana federal judge on April 22 held that the insurer could not invoke the...
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Homeowners Failed To Show Dishonest Purpose, Judge Says, Dismissing Bad Faith...
BIRMINGHAM, Ala. - An Alabama couple did not establish that they were entitled to disputed coverage and did not present "sufficient evidence of dishonest purpose" by their insurer, an Alabama federal...
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'Thorough Investigation' By Insurer Leads Judge To Dismiss Bad Faith Claim
KNOXVILLE, Tenn. - Although a Tennessee federal judge on April 11 found that a policyholder's breach of contract claim survived his insurer's dismissal motion, the judge disposed of an accompanying bad...
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Res Judicata Bars Insured From Bringing Separate Suit Against Insurer, Judge...
SEATTLE - Because a policyholder could have brought contractual and state law claims against her insurer in a previous lawsuit in which coverage matters were determined, a Washington federal judge on...
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Adjuster Not Improperly Joined, Judge Finds, Remanding Case To State Court
DALLAS - Finding that an insurer failed to establish that its adjuster was improperly joined in a coverage dispute lawsuit, a Texas federal judge on April 23 found that the parties were not completely...
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Claims Were Prescribed, Panel Affirms; Remands For Insureds To Amend Petitions
GRETNA, La. - A Louisiana appeals panel on April 10 affirmed a lower court's ruling granting a homeowners insurer's exception of prescription but remanded the case to permit the insureds to amend their...
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