131 results for 'nos:"Antitrust - Other Suits"'.
J. Jensen denies an Illinois city’s motion to compel an individual’s compliance with a subpoena. The city accuses the defendant healthcare management company and associated pharma companies of conspiring to assert monopoly control of the drug Acthar, used to treat the disease proteinuria. The city wished to enforce a subpoena on one of the defendant companies’ attorneys, but the court finds that enforcing the subpoena on the lawyer would violate attorney-client privilege.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: December 11, 2023, Case #: 3:17cv50107, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Attorney Discipline
J. Barbier grants summary judgment to a group of insurers, dismissing claims of federal health care violations by primary care physicians one day after rejecting their antitrust claim, effectively gutting the doctors’ suit alleging they conspired to reject their claims for allergy services. The doctors unsuccessfully sought a ruling the insurers were violating Medicare and Medicaid regulations aimed at protecting health care providers from discrimination. None of the statutes cited provide the doctors with a right to sue the insurers, which the physicians acknowledge by their failure to respond to the insurers’ argument on this point.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: November 28, 2023, Case #: 2:18cv399, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence, Health Care
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J. Tunheim grants the commercial and indirect beef purchasers' motion for an award of attorneys' fees, reimbursement of litigation expenses and a class representative service award related to a class-action settlement with meat packers in ongoing multi-district antitrust litigation. The past litigation expenses incurred were reasonable and necessary, and a $1.75 million fund for future litigation expenses is appropriate. Attorney fees totaling just over $8 million are also appropriate, as is a $15,000 service award.
Court: USDC Minnesota, Judge: Tunheim, Filed On: November 21, 2023, Case #: 0:22md3031, NOS: Antitrust - Other Suits, Categories: Antitrust, Attorney Fees, Class Action
J. Tunheim grants final approval to a class action settlement agreed to by commercial and institutional indirect beef purchasers in multi-district antitrust litigation alleging price-fixing by meatpackers. The settlement, which provides $25 million in monetary compensation and a guarantee of cooperation by one of the packers in ongoing litigation, is fair, reasonable and adequate, and all relevant requirements for class action settlements are satisfied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: November 21, 2023, Case #: 0:22md3031, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Gonzalez dismisses an antitrust complaint that alleges United Healthcare, a health care insurance provider, leveraged its dominant market power to force anesthesia practices located in the New York metropolitan area to accept dramatically lower reimbursement rates, in some cases 80% less, for out-of-network services provided to public sector employees enrolled under its Empire insurance plan. The care providers fail to allege the market as a whole suffered significant harm as a result of the administrator’s actions for the purposes of its antitrust claims.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: November 21, 2023, Case #: 2:22cv4040, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Insurance
J. Selna awards the cigarillo company $10.2 million in attorney fees and $613,100 in disbursements for its complaint that the tobacco company violated various federal and state competition laws and breached the private label agreements between the two parties. The cigarillo company cites reasonable hours to justify the award, but it also cites excludable clerical work and other worked hours, so not all requested hours are accepted.
Court: USDC Central District of California, Judge: Selna, Filed On: November 17, 2023, Case #: 8:14cv1664, NOS: Antitrust - Other Suits, Categories: Antitrust, Attorney Fees, Contract
J. Corley finds in favor of Qualcomm in its multi-district antitrust litigation where consumers allege the company was using their position in the chip manufacturing and patent licensing markets to curtail competition and increase prices. After a series of appeals, the only surviving claims centered around the company's contractual dealings with manufactures like Samsung and Apple, but those claims only raise "plausible theories" on how the company could benefit from anti-competitive conduct. They do not provide any hard evidence that the alleged conduct actually took place.
Court: USDC Northern District of California, Judge: Corley, Filed On: November 7, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Durkin grants a Japanese investment firm’s motion to dismiss for the lack of personal jurisdiction and improper venue in this antitrust suit brought by a class of consumers challenging T-Mobile’s merger with Sprint. There is no ambiguity and colorable basis for personal jurisdiction over the investor, so jurisdictional discovery is not warranted. The court denied T-Mobile and the Japanese company’s motion to dismiss for a lack of antitrust standing, failing to properly allege direct or indirect evidence.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 2, 2023, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Coulson grants a pharmaceutical company’s leave to file a sur-rebuttal expert report in this antitrust dispute between a health association and a class of third-party payors who say the company schemed to raise prices for its pulmonary hypertension drug Tracleer. The health association and class’s cross-motion to strike the report is denied. The parties have 14 days to confer and propose submit a jointly proposed scheduling order.
Court: USDC Maryland, Judge: Coulson, Filed On: October 27, 2023, Case #: 1:18cv3560, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Du grants MGM’s motion to dismiss this class action alleging that various hotel operators on the Las Vegas strip unlawfully restrained trade by artificially inflating the price of hotel rooms using a single pricing software. The complaint has many pleading deficiencies. Factual allegations that could plausibly allege an agreement between the operators are not included. It is unclear whether all operators use the same pricing algorithm, though the class alleges this. The class will have opportunity to amend within 30 days.
Court: USDC Nevada, Judge: Du, Filed On: October 24, 2023, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Class Action
J. Peterson partially grants the health care system's motion to dismiss a proposed class action lawsuit from two self-insured employers claiming the system violated federal antitrust law by using price fixing, unfair contracts and other anti-competitive practices to acquire a stranglehold on the market for inpatient and outpatient care in north-central Wisconsin at higher than average prices to consumers. Most of the employers' claims are stated and supported plausibly enough to avoid dismissal, but two claims alleging the system's exclusive dealing and conspiratorial efforts to influence competitors to reject reference-based pricing are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv580, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Daniel grants the American Board of Psychiatry and Neurology’s motion to dismiss an antitrust class action brought by a class of psychiatrists and neurologists. The class claims the board has illegal monopoly control over issuing certification for practicing psychiatrists and neurologists, via a specific certification program that practitioners must pay for. However, the court finds that the class has failed to sufficiently show how this program is distinct from other “continuing educational products” which are offered by other providers.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 4, 2023, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Lipman approves the proposed settlement in this antitrust case alleging that the Varsity defendants "maintained monopoly power" in the all-star cheerleading market. The court finds the settlement to be "fair, reasonable and adequate, and in the best interest of the Settlement Classes." The direct purchaser plaintiffs' motion for attorney fees will also be granted.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 4, 2023, Case #: 2:20cv2600, NOS: Antitrust - Other Suits, Categories: Antitrust, Settlements, Attorney Fees
J. Davila allows some class antitrust claims to continue against Disney that allege Disney conspired with DirecTV to raise the prices and shun competitors from the "Streaming Live Pay TV" market. The complaint has done enough to show that Disney has used anticompetitive conduct to strengthen the barrier to entry in the streaming market, making it harder for new players in the space to get the infrastructure they need to compete.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 29, 2023, Case #: 5:22cv7533, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Hall culls a class action anti-trust conspiracy lawsuit brought by a group of American citizens alleging Haiti’s former president, Michel Martelly, in a wide-ranging scheme colluded with various financial institutions and telecommunications companies to impose illegal fees on money transfers, food remittances and international calls made to and from Haiti, and embezzled a portion of the fees through a $9 million loan provided by Unibank S.A. to build a beach house property. The only claim to survive is one under the federal Communications Act which alleges two telecommunications providers subjected them and other class members to undue, unreasonable prejudice and disadvantage when they raised the per minute charge on international calls made to Haiti by $0.05.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:18cv7340, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications, International Law
[Consolidated.] J. Africk grants summary judgment to a New Orleans-based nonprofit health system and a national for-profit health care corporation, finding that their recent sales transaction of three hospitals is exempt from federal antitrust laws. There is no genuine dispute of material fact in this case, and the hospitals are entitled to judgment as a matter of law.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 27, 2023, Case #: 2:23cv1305, NOS: Antitrust - Other Suits, Categories: Antitrust, Agency, Jurisdiction
J. Tunheim denies the meat packing companies' motion to dismiss multidistrict antitrust litigation alleging anticompetitive conduct in the pork packing industry to unlawfully stabilize the price of pork sold to grocery companies and others. The grocery companies sufficiently alleged a conspiracy to restrict competition in the industry which would impact the prices paid for pork for use in multi-ingredient pork products and pork by-products. The grocery companies' claims are timely even though the action was filed 10 years after the conspiracy allegedly began. The grocery companies alleged specific acts committed by the meat companies for the purpose of fraudulently concealing a conspiracy such that the statute of limitations is tolled. The grocery companies also adequately alleged that they were injured by the meat companies' violation of the Packers and Stockyards Act.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2023, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Richardson denies, in part, the hospital's motion to compel discovery, ruling that following an in-camera inspection, the consulting report written about the non-party health care provider is not required to be disclosed because it does not contain any of the financial information sought by the hospital and would be unrelated to its litigation.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 26, 2023, Case #: 3:22cv50, NOS: Antitrust - Other Suits, Categories: Health Care, Discovery
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery
J. Corley finds in favor of Qualcomm, a computer chip maker, in a multi-district dispute where consumers allege the company used its position in the market to hinder competition and raise prices for handheld devices. After a series of appeals and similar claims from the FTC that were ultimately rejected, only unfair competition claims remain. The company prevails on these claims due to consumers being unable to show that any exclusive dealings with big tech companies like Apple and Samsung resulted in actual damages to buyers.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 26, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: Antitrust, Unfair Competition