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Page 43 of 63

Eleventh Circuit Shoots Down Second Antitrust Bid By Atlanticus

Posted  11/6/13
The U.S. Court of Appeals for the Eleventh Circuit has affirmed the dismissal of a novel antitrust counterclaim brought by Atlanticus Holdings Corp. against a group of hedge funds, holding that the doctrine of res judicata bars Atlanticus’s attempt to relitigate the issue. The plaintiffs in Akanthos Capital Mangement et al. v. Atlanticus Holdings Corp. are 21 hedge funds, including Akanthos Capital Management...

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San Jose Gets Beaned By Baseball Antitrust Exemption In Case Against Major League Baseball

Posted  10/29/13
The City of San Jose may have gotten beaned by a ruling that its federal and state antitrust claims against Major League Baseball (“MLB”) should be dismissed under baseball’s nearly century-old antitrust exemption, but it still gets to dust itself off and proceed to first base on its contract interference claims. San Jose is alleging in City of San Jose et al. v. Office of the Commissioner of Baseball et al....

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J.P. Morgan Convinces Second Circuit That Natural Gas Investors’ Aiding And Abetting Claims Are Hot Air

Posted  10/10/13
The United States Court of Appeals for the Second Circuit has affirmed the dismissal of J.P. Morgan Chase & Co. and two of its subsidiaries, J.P. Morgan Chase Bank, Inc. and J.P. Morgan Futures, Inc., from In re: Amaranth Natural Gas Commodities Litigation, a suit brought by natural gas futures contracts purchasers that alleged J.P. Morgan aided and abetted the massive price manipulation scheme that led to the 2006...

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Tenth Circuit Rules Microsoft Had No Duty To Deal With Novell’s WordPerfect

Posted  10/8/13
The U.S. Court of Appeals for the Tenth Circuit has rejected Novell, Inc.’s bid to resurrect its antitrust claims accusing Microsoft Corporation of maintaining its monopoly in the operating systems market by withdrawing its support for WordPerfect and other Novell applications. The Court affirmed the decision of the U.S. District Court for the District of Utah in Novell v. Microsoft Corp. granting Microsoft...

Tagged in: Antitrust Litigation, Monopolization,

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Software Engineers Seek Court Approval Of $20 Million Antitrust Settlement With High-Tech Giants

Posted  10/4/13
Plaintiffs seeking to represent a class of software engineers employed by Silicon Valley giants are asking the U.S. District Court for the Northern District of California to certify a settlement class and to approve a $20 million settlement of antitrust claims reached with Intuit Inc., The Walt Disney Co.'s Pixar Animation Studios Inc., and Lucasfilm Ltd. If the settlement in In re: High-Tech Employee Antitrust...

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Wireless Companies Succeed In Routing Text Message Plaintiffs Into Arbitration

Posted  10/1/13
The U.S. District Court for the Southern District of New York has decided that the U.S. Supreme Court’s recent upholding of a contractual waiver of class arbitration prevents three messaging companies from escaping arbitration of their antitrust claims against a large group of wireless companies in the putative class action of In re: A2P SMS Antitrust Litigation. Plaintiffs Club Texting Inc., TextPower Inc. and...

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Court Finds Beer Drinkers’ Antitrust Claims Against Anheuser-Busch InBev Are Flat

Posted  09/23/13
Anheuser-Busch InBev (AB InBev), the world’s largest brewery, has convinced a federal judge in California to dismiss an antitrust complaint challenging its acquisition of Grupo Modelo, the largest brewer in Mexico. The plaintiffs in Steven Edstrom et al. v. Anheuser-Busch InBev SA/NV are a group of nine beer consumers in the United States who are asking the U.S. District Court for the Northern District of...

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Ninth Circuit Rules IPod Consumer Class Action Is Out Of Tune And Out Of Court

Posted  09/17/13
The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a proposed class action alleging Apple Inc. violated antitrust laws in promoting the iPod and its iTunes Music Store. The three-judge panel ruled that the monopolization claims of the plaintiff, consumer Stacie Somers, failed as a matter of law for several reasons. The court found that Somers could not seek review of the district...

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Class Certification Fights Derail Rail Freight Antitrust Case As Sears And Whirlpool Cases Move To Next Cycle

Posted  09/13/13
The U.S. Court of Appeals for the D.C. Circuit has rejected a district court’s certification of an antitrust class action in In re Rail Freight Fuel Surcharge Antitrust Litigation, becoming the third U.S. Court of Appeals in recent months to grapple with whether, and to what extent, class action plaintiffs must show that damages can be measured on a classwide basis under the Supreme Court’s March 2013 decision in...

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Chicago Prom Dress Boutique Will Have To Answer Claims Of Cut-Throat Tactics

Posted  09/9/13
Prom dress retailer Peaches Boutique will have to litigate charges that it engaged in cut-throat dress-selling tactics in the Chicago area now that a federal judge has decided that competitor Hannah’s Boutique has adequately pleaded antitrust claims in Hannah's Boutique Inc. v. Barbara Ann Surdej et al. Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois denied Peaches' motion to...

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