12 results for 'cat:"Antitrust" AND cat:"Contract"'.
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. Parker finds that the district court improperly dismissed antitrust and tortious interference claims by one drugmaker against another in a dispute over delivery of a prescription medication to treat an eye condition that can cause blindness. The product market to be considered should have been limited to the one-step prefilled syringe injection method, which plaintiff drugmaker claimed defendant drugmaker, working with a third-party "filler" they both used, attempted to dominate through anticompetitive, secret agreements. Furthermore, plaintiff drugmaker adequately alleges that it was kept from learning about defendant drugmaker's contractual interference until the statute of limitations expired. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: March 18, 2024, Case #: 22-0427-cv, Categories: antitrust, Interference With contract
J. Leahy finds the lower court properly determined an administrator, who is also the son of a shipping supply company owner, left the company, taking many of the company’s employees with him to start a competing company. The lower court properly found the employees in breach of contract, as they violated the terms of the non-compete agreement with the supply company, and found that many of the company’s documents were taken, including client lists and proprietary information. However, the lower court erred in accepting the supply company’s calculation of damages, as they were not properly compiled, and also erred in finding the employee’s actions were malicious. The matter is remanded for a re-assessment and calculation of damages. Affirmed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: December 22, 2023, Case #: 421, Categories: antitrust, Trade Secrets, contract
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J. Leahy finds the lower court properly determined an administrator, who is also the son of a shipping supply company owner, left the company, taking many of the company’s employees with him to start a competing company. The lower court properly found the employees in breach of contract, as they violated the terms of the non-compete agreement with the supply company, and found that many of the company’s documents were taken, including client lists and proprietary information. However, the lower court erred in accepting the supply company’s calculation of damages, as they were not properly compiled, and also erred in finding the employee’s actions were malicious. The matter is remanded for a re-assessment and calculation of damages. Affirmed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: December 22, 2023, Case #: 421, Categories: antitrust, Trade Secrets, contract
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. Menendez denies the automaker's subsidiary's motion to dismiss the auto parts distributor's counterclaims in a suit brought by the subsidiary alleging that the distributor was improperly distributing replacement parts. The counterclaims, which allege unfair competition, unjust enrichment and a variety of antitrust violations, survive the subsidiary's arguments that it is "essentially immune from allegations of anticompetitive conduct," that it has not sufficiently alleged a relevant market and that it has not pleaded an actual antitrust injury. The distributor has also adequately stated monopolization and attempted monopolization claims, along with a claim that the subsidiary has unlawfully tied its sale of new cars to dealers to a demand that they only source replacement parts from the subsidiary and a number of state law claims.
Court: USDC Minnesota, Judge: Menendez, Filed On: August 14, 2023, Case #: 0:22cv1681, NOS: Trademark - Property Rights, Categories: antitrust, contract
J. Boulware grants the former UFC fighters’ motion to certify class as to actively competing fighters in their suit over the UFC’s dominance in mixed martial arts, allegedly because of anticompetitive behavior. The class contains over 1,200 members residing throughout the United States, making joinder impractical, and satisfying numerosity. All factors have been established for class certification, such as commonality, being that predominance has been established.
Court: USDC Nevada, Judge: Boulware, Filed On: August 9, 2023, Case #: 2:15cv1045, NOS: Antitrust - Other Suits, Categories: antitrust, Class Action, contract