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Pittsburgh-Area Health Care Antitrust War Opens New Front In Mediation

Posted  12/5/11
A high-profile battle between two Pittsburgh-area health care networks that has already been fought in federal district and appellate courts is now headed to mediation. In West Penn Allegheny Health System, Inc., v. UPMC, Judge Arthur Schwab of the U.S. District Court for the Western District of Pennsylvania ordered the parties to try an alternative form of dispute resolution after West Penn Allegheny Health System...

Federal Court Pulls The Plug On Digital Tax Preparation Merger

Posted  11/15/11
A federal judge in the United States District Court for the District of Columbia has granted the United States’ motion for a permanent injunction enjoining H&R Block’s proposed acquisition of its digital tax preparation competitor, 2SS Holdings, Inc., the company offering TaxACT. Judge Howell’s order in United States v. H&R Block, Inc., Civ. No. 11-00948 (BAH), unequivocally found that the proposed...

Class Action Accuses Dairy Producers Of Reducing Herds To Increase Milk Prices

Posted  11/10/11
A class action filed in the Northern District of California on behalf of U.S. consumers of milk and other dairy products is alleging that dairy producers prematurely slaughtered more than half a million cows to drive up the prices of dairy products. The plaintiffs in Matthew Edwards et al., v. National Milk Producers Federation, aka Cooperatives Working Together et al. allege that from 2003 to 2010 several dairy...

It’s Not “Over Easy” For Remaining Defendants In Egg Antitrust Litigation

Posted  11/4/11
After denying four of six motions to dismiss just three weeks earlier, a federal judge in the Eastern District of Pennsylvania denied an additional motion to dismiss that was primarily aimed at limiting the scope of discovery in the In re Processed Egg Products Antitrust Litigation. The plaintiffs allege that Defendant egg producers and trade groups engaged in a conspiracy to manipulate the supply of, and thereby...

Kinder Morgan And El Paso May Need To Cut Pipeline Networks To Save Massive Energy Merger

Posted  10/26/11
In a transaction valued at $21.1 billion – one of the largest energy deals in history – Kinder Morgan, Inc. has announced a deal to purchase the El Paso Corporation. The two corporations are large “midstream energy” companies that process and transport oil and gas.  If the deal is approved by shareholders and the FTC, Kinder Morgan will be the largest midstream energy company in North America, controlling...

Federal Judge Takes Pilgrim’s Pride To The Woodshed For Manipulating Chicken Prices

Posted  10/24/11
A federal judge in the Eastern District of Texas has slapped Pilgrim’s Pride Corp., the largest poultry producer in the U.S., with a $26 million damage award for manipulating the price of chicken. According to Magistrate Judge Charles Everingham IV, Pilgrim’s Pride violated the Packers and Stockyards Act of 1921 by shutting down a packing plant in El Dorado, Arkansas and refusing to sell the operations to its...

Heavy Duty Truck Transmission Antitrust Suit Picks Up Speed In Delaware

Posted  10/20/11
Federal Judge Sue L. Robinson in the District of Delaware has given the go-ahead to a suit alleging truck manufacturers conspired to create and maintain a monopoly with supracompetitive prices in the market for heavy duty truck transmissions. Judge Robinson has denied the defendants’ motion to dismiss the complaint in Wallach v. Eaton Corp. The class action, brought by Mark S. Wallach, the bankruptcy trustee...

NBA Legend Bill Russell Challenges NCAA In Court

Posted  10/14/11
Basketball legend Bill Russell, who led the Boston Celtics dynasty that dominated the NBA in the 1960s, is charging down court once again, but this time it’s in a federal – not a basketball – court. The former basketball star at the University of San Francisco, five-time winner of the NBA Most Valuable Player Award and a 12-time All-Star, is suing the NCAA, the Collegiate Licensing Company (“CLC”) and...

Federal Judge Gives Green Light To Texas Taxicab Suit

Posted  10/7/11
Federal Judge David C. Godbey of the Northern District of Texas has green lighted a suit alleging taxicab companies conspired to monopolize by fixing prices that drivers must pay to operate a taxicab in certain counties in the Dallas-Fort Worth metropolitan area. The judge denied the defendants’ motion to dismiss the plaintiffs’ complaint in Association of Taxicab Operators USA v. Yellow Checker Cab Company of...

Circuit Court Affirms Dismissal Of Challenge To Nestle Ice Cream Merger

Posted  09/19/11
The U.S. Court of Appeals for the First Circuit has affirmed the dismissal of a claim that the 2003 merger between Nestlé S.A.’s subsidiary, Nestlé Puerto Rico (Nestlé PR), and ice cream distributer, Payco Foods Corp., violated the Sherman and Clayton Antitrust Acts. The plaintiff in Sterling Merch., Inc. v. Nestlé S.A. et al. is a distributer of ice cream in Puerto Rico.  Nestlé S.A. manufactures ice cream...
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