9 results for 'cat:"Antitrust" AND cat:"Civil Procedure"'.
[Consolidated.] J. Jacobs finds that the district court properly dismissed antitrust claims in which developers of a brand name blood-pressure drug and its generic equivalents contend "reverse" patent-infringement settlement payments had been made to delay market entry of the generics. Precedent holds that such arrangements can be illegal if they do not represent fair value for goods exchanged as part of an arms-length transaction, but plaintiffs, as purchasers of the drugs, failed to demonstrate the payments were unjustified or unexplained. Furthermore, dismissal with prejudice was proper since the amendment did not cure pleading deficiencies. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: May 13, 2024, Case #: 23-410 (L), Categories: antitrust, civil Procedure, Patent
J. Shelby grants the plaintiff chicken growers' motion for class certification in this antitrust litigation alleging that certain poultry companies suppressed compensation in violation of the Sherman Antitrust Act. The commonality and typicality elements are satisfied. Additionally, the court denies the defendant poultry company's motion to exclude certain expert opinions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 8, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: antitrust, civil Procedure
J. Strickland denies dairy cooperatives' motion to dismiss, ruling that although the initial price-fixing actions alleged by the dairy farmers took place in 2015 — well outside the four-year statute of limitations for antitrust claims — there is a viable “continuing violation” claim because the price decreases could not be sustained without repeated action on the part of the cooperatives.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 11, 2024, Case #: 2:22cv251, NOS: Antitrust - Other Suits, Categories: antitrust, civil Procedure
J. Schroeder adopts the report and recommendation of the magistrate judge, overrules the parties' objections, and denies-in-part summary judgment in a suit brought under the Sherman Act over a company's alleged tactics to "maintain supracompetitive pricing" of its products in markets for networking equipment and services. Summary judgment is granted as to the Section 1 conspiracy and tying claims, but there is a genuine issue of material fact as to whether the company's tactics constituted anticompetitive conduct.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: January 17, 2024, Case #: 5:22cv53, NOS: Antitrust - Other Suits, Categories: antitrust, civil Procedure, Communications
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J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: antitrust, civil Procedure, Housing
[Consolidated.] Per curiam, the circuit finds that the district court properly denied claims contending aluminum producers conspired to limit supply in North America to push up prices and generate excess profits because manufacturers made purchases from third parties, not the alleged conspirators, and thus did not constitute "efficient enforcers" of antitrust laws. As a result, their appeal from the denial of class certification should be dismissed as moot. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 1, 2023, Case #: 21-643, Categories: antitrust, civil Procedure, Class Action
J. Seeger grants a group of egg suppliers’ motion to bifurcate their upcoming antitrust suit into a liability phase and a damages phase. A number of food companies sued the egg producers years ago, alleging the producers had conspired to artificially restrict the supply of eggs in the U.S., jacking up prices for eggs and egg products. The case has bounced around multiple districts up to this point, with prior court findings supporting the notion that a jury in this trial would find for the egg producers. As such, this court finds bifurcating liability and damages would promote judicial economy.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 11, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, antitrust, civil Procedure