130 results for 'nos:"Antitrust - Other Suits"'.
J. Tunheim grants the consumer and commercial indirect pork purchasers' and the direct pork purchasers' motions to certify classes in their antitrust action, and denies the port manufacturers' motions to exclude expert testimony of three experts. Each expert report satisfies the standard required for class certification, and all three classes satisfy the requirements of the civil procedure rules governing class actions.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. Gorton denies in part a pharmaceutical company’s motion to dismiss a class action brought against it by health and welfare funds of labor unions for allegedly engaging in anti-competitive practices, causing the funds to overpay for prescription asthma medication. “Because no generic QVAR existed at the time [the pharmaceutical company] purportedly discontinued QVAR in favor of QVAR Redihaler, asthma patients necessarily had to be transitioned onto QVAR Redihaler.”
Court: USDC Massachusetts, Judge: Gorton, Filed On: May 7, 2024, Case #: 1:23cv11131, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Labor / Unions
J. Evanson grants the consumer's motion to amend his class action alleging that Amazon entered into an agreement with Apple to ban third-party Apple vendors from Amazon's marketplace, forcing the consumers to spend more on Apple's products. Despite their arguments to the contrary, Amazon and Apple do not show that the consumer's potential inadequacy as a class representative qualifies as an inherent defect, and there is no undue delay in amending the complaint.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: May 6, 2024, Case #: 2:22cv1599, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Bell orders a health system and multiple third parties, including Morgan Stanley & Co., Blue Cross and Blue Shield of North Carolina and Aetna, to carefully review their requests to seal what they believe to be highly-sensitive information during this litigation. The health system and third parties are concerned that any financial information revealed to the public could potentially cause economic damage. However, not all information is that sensitive in nature and the public has a right to know information in its own interest. Thus, the health system and third parties are ordered to reevaluate their requests and specifically show how the information would be potentially injurious to them before the court makes a decision.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: April 30, 2024, Case #: 5:24cv28, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, First Amendment
[Consolidated.] J. Proctor denies, in part, a class of companies’ motion to compel pre-2015 structured data or, alternatively, to declare the Rule 37 implications of insurers’ refusal to produce the data in this antitrust lawsuit that partially centers on when the alleged injuries occurred. The insurers’ motion for a protective order based on the appropriate statute of limitations for the companies’ claims is denied, in part. There is a genuine issue of material fact concerning the limitations period of the claims and pre-2015 structured data, but the court agrees it began no earlier than 2015. The court barred the insurer Anthem from using the missing pre-2015 structured data against the companies and the precise limitations period shall be determined.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: April 30, 2024, Case #: 2:21cv1209, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Class Action
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J. Morrison grants the health care provider's motion to dismiss, ruling the orthopedic surgeons fail to establish anti-trust standing. There are at least four other hospitals or employment opportunities in the same area as the health care provider, while the surgeons also established their own surgical facility after they left their positions with the provider, all of which proves the provider does not have a monopoly on the relevant area.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 25, 2024, Case #: 2:23cv2145, NOS: Antitrust - Other Suits, Categories: Antitrust, Employment, Health Care
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, Tort, Immunity
J. Traum grants the newspaper's motion to exclude expert testimony that was to be made on behalf of another media company in support of its claims the newspaper breached the cooperation and quality provisions of a joint operating arrangement triggering this range of antitrust and contract claims and counterclaims. The paper provides no source that calls into question the expert's methods. The validity challenge can be pursued before the jury.
Court: USDC Nevada, Judge: Traum , Filed On: March 31, 2024, Case #: 2:19cv1667, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Discovery
J. Parker denies Blue Cross Blue Shield dismissal on certain claims in which Ford contends that, as part of a larger conspiracy, Blue Cross divided territory and fixed prices while reducing competition and increasing costs of health services. Ford adequately alleged an antitrust injury on grounds that Ford paid higher premiums for traditional insurance product resulting from a “horizontal agreement” between Blue Cross and its members.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 30, 2024, Case #: 2:23cv11286, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Blakey mostly denies the sued card shuffler supplier’s motion for summary judgment on antitrust and patent claims brought by the suing group of card shuffler suppliers. The court allows all the plaintiffs’ claims to move forward, save for one patent fraud claim regarding two prototype card shuffler devices, finding the plaintiffs have not provided sufficient evidence to back up their claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:19cv1846, NOS: Antitrust - Other Suits, Categories: Antitrust, Fraud, Patent
J. Kendall denies a group of turkey processors’ motion for summary judgment to dismiss an investment firm from this longrunning litigation over alleged turkey product price-fixing. The investment firm never bought any turkey products from the processors, instead having simply bought the antitrust claim from a now-bankrupt national food distributor years ago. The turkey processors argue this is champerty forbidden by state law, and that allowing the investment firm to continue in the suit despite merely speculating on the case’s outcome will greenlight litigation funders to further purchase claims and pursue them for profit. The court is unconvinced, finding nothing wrong with the investment firm’s litigation, as it is itself owned by another capital firm litigation funder.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:19cv8318, NOS: Antitrust - Other Suits, Categories: Antitrust, Banking / Lending, Contract
J. Durkin grants T-Mobile’s motion to certify an interlocutory appeal over whether a putative consumer class has sufficiently alleged antitrust standing. The putative class opposes the now-closed merger of T-Mobile and Sprint and seeks, via this suit against T-Mobile’s parent company, to unwind the merger and prevent T-Mobile from having a monopoly over U.S. wireless services.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 27, 2024, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action, Technology
J. Gilliam allows claims to proceed against LinkedIn from users who say the company uses its control over the professional networking market to force users to spend more on its "LinkedIn Premium Career" services. There is enough on the record at this stage to properly allege that the company has almost “no competitive check" against what kind of prices it can set for its premium services. As a result, the court is also lifting a previously issued stay on discovery so that the case can proceed to the next stage.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv237, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery
J. Tharp partially grants a health care networking service’s motion to compel the production of documents from a number of pharmacies. The pharmacies allege the health care networking service has an illegal monopoly over e-prescription routing and patient eligibility transmission. The court compels the pharmacies to produce sales records of prescription medications to Michigan patients, but declines the networking service’s request for the pharmacies to produce a privilege log.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:19cv6627, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Discovery
J. Castel dismisses the satellite TV provider's antitrust claims against three broadcasters whom it alleges sought to charge it supra-competitive fees to re-broadcast certain popular television shows. The satellite provider chose not to renew its agreements with these broadcasters due to the quoted prices, causing content blackouts for its subscribers and the loss of thousands of customers. Because the provider never actually entered into an agreement which would have required it to pay supra-competitive fees, its injury is not the type that antitrust laws were intended to prevent.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 20, 2024, Case #: 1:23cv2221, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications
J. Sannes declines to issue a temporary restraining order which would prohibit a healthcare provider from soliciting clinicians from an anesthesia management company following the litigant’s decision to terminate their agreement for anesthesia services. The court finds the the company’s allegations that patient care will be impacted speculative and conclusory, and further finds any potential losses could be remedied with money damages.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 19, 2024, Case #: 5:24cv276, NOS: Antitrust - Other Suits, Categories: Health Care, Restraining Order
J. Chun dismisses with prejudice the consumers' second amended complaint accusing Amazon of putting products by sellers who purchased Amazon fulfillment services higher in searches and featuring them in its "Buy Box" more often than sellers that did not purchase the fulfillment services. The consumers allege that Amazon injured them with anti-competitive behavior because the consumers paid higher prices for products through Amazon's marketplace, but the consumers do not allege that they paid more for their Amazon Prime membership or that they paid more for shipping, so they do not allege that they suffered anti-trust injury in the shipping market.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 13, 2024, Case #: 2:21cv996, NOS: Antitrust - Other Suits, Categories: Antitrust
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. Simon grants LegitScript's motion to certify the order for interlocutory appeal regarding PharmacyChecker.com's complaint alleging that LegitScript enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. While LegitScript asks some broad questions for certification, such as “What deprives a plaintiff of antitrust standing?," it sufficiently argues that PharmacyChecker potentially facilitating another unlawful activity might prevent antitrust standing, which could affect other antitrust cases.
Court: USDC Oregon, Judge: Simon, Filed On: March 7, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit regarding the cheerleading industry, specifically concerning the prices associated with "competitive cheerleading competitions and camps." The defendants have not shown that the expert's methodology "in defining the cheer competition market" is unreliable. Their motion is granted, however, as to the expert's opinions "regarding Varsity's intent."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts
J. Lipman mostly denies the Varsity defendants' motion to exclude certain expert testimony in this antitrust lawsuit involving the cheerleading industry. The Varsity defendants' argument concerning the data used "to calculate relevant sales is a factual dispute suitable for cross-examination." Their motion is granted, however, as to the expert's "damages calculations for states in which Indirect Purchasers are not pursuing damages."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 6, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Damages, Experts
J. Friedman, upon remand from the D.C. Circuit, excludes certain exhibits in a group of purchasers of rail freight services' antitrust against railway companies. The D.C. Circuit determined that internal documents concerning interline movements are inadmissible.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 4, 2024, Case #: 1:07mc489, NOS: Antitrust - Other Suits, Categories: Antitrust, Transportation, Discovery
J. Du grants the ranchers' motion to dismiss a Peruvian work visa worker's allegation the ranch association and member ranches restrained trade for the purpose of wage-fixing. Though the worker has not sufficiently alleged each ranch specifically engaged in an anti-competitive agreement, allegations the association made an unlawful agreement with certain members are plausible. The worker is given leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: March 4, 2024, Case #: 3:22cv249, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Commerce