In O’Brien et al. v. Leegin Creative Leather Products Inc., Kansas Supreme Court overturned a state district court decision to grant Brighton Collectibles, a unit of Leegin Creative Leather Products Inc., summary judgment in the state antitrust consumer class action suit. In their suit, the plaintiffs allege that Brighton’s policy, requiring all of its retailers […]
Category Archives: Preemption
New York Court Holds that State May Challenge Home Appraisal Conspiracy
August 19, 2010 – 1:52 pm
A New York state appellate court has held that the state may challenge on antitrust grounds alleged collusion between First America Corp. and Washington Mutual. The defendants had argued that the state challenge was preempted by federal regulation. The court held that the regulation does not extend to collusion relating to appraisals.
Conspiracy Case Against Private Equity Firms May Go Forward
January 4, 2009 – 3:07 pm
A class action, Kirk Dahl et al v. Bain Capital Partners, filed against major private equity firms, including JP Morgan, Goldman Sachs, Blackstone, alleges that the companies conspired to lower the prices of private equity deals. The defendants moved to dismiss on two grounds: 1) that the claim was a disguished securities claim pre-empted by the […]