126 results for 'nos:"Antitrust - Other Suits"'.
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
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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
J. Castel partially denies Google's motion to dismiss the advertisers' antitrust claims stemming from its monopoly of the digital advertising market. The complaint adequately alleges anticompetitive conduct related to ad exchanges and the ad-buying tools for small advertisers, but not for tools used by large advertisers. Further, the advertisers' claims directed to alleged misstatements about Google's implementation of reserve price optimization will be dismissed.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 1, 2024, Case #: 1:23cv5177, NOS: Antitrust - Other Suits, Categories: Antitrust, Technology
J. Silver rules a portable generator box company may pursue defamation claims against a competitor. The company sufficiently showed in court that the competitor, the largest manufacturer of generators worldwide, launched a boycott to convince retailers to stop selling its products.
Court: USDC Arizona, Judge: Silver, Filed On: March 1, 2024, Case #: 2:23cv726, NOS: Antitrust - Other Suits, Categories: Negligence, Defamation
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
J. Reidinger denies a health care system’s motion to dismiss multiple municipalities’ allegations of monopolizing the inpatient acute and outpatient care markets in their areas. The system argues the municipalities fail to state a claim. However, evidence shows that the system has violated the Sherman Act by using so-called “all-or-nothing” requirements in its contracts with health insurers, systematically cornering the market in the municipalities.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 21, 2024, Case #: 1:22cv114, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Wood largely grants a group of realtor associations’ motion to dismiss an antitrust class action brought by a class of home buyers. The home buyers accuse the realtor associations of conspiring with a brokerage firm to illegally affect price competition among real estate brokers, resulting in the home buyers paying illegally high commission rates for their retained brokers. The court, however, finds it lacks jurisdiction over one of the realtor associations, and rules the class representative has not sufficiently alleged Sherman Act violations. The class’s unjust enrichment claims stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: February 20, 2024, Case #: 1:21cv430, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Class Action