In U.S. v. Grimm et al., Second Circuit Court of Appeals explained its earlier decision to reverse the municipal bond bid-rigging convictions of three former General Electric Co. officials. The three former GE executives were accused of paying kickbacks to brokers as part of a scheme that cheated cities and towns out of funds for […]
Category Archives: Statute of Limitations
Second Circuit Reverses Executives’ Municipal Bond Bid-Rigging Convictions
Court Denies Summary Judgment In Nexium Antitrust MDL
In In re: Nexium (Esomeprazole) Products Liability Litigation, Massachusetts District Court Judge William G. Young denied AstraZeneca PLC and Ranbaxy Inc.’s motion for partial summary judgment in multidistrict litigation alleging the companies violated antitrust laws by agreeing to delay entry of a generic version of AstraZeneca’s heartburn drug Nexium. In their motion, defendants argued that […]
Court Dismisses Antitrust Counterclaim in Converter Box Royalty Suit
In MPEG LA LLC v. GXI International LLC, New York Supreme Court Judge Melvin L. Schweitzer dismissed GXI International LLC’s antitrust counterclaims in MPEG LA’s breach of contract action for allegedly unpaid patent royalties. MPEG LA manages a pool of patents covering the technology needed to make converter boxes that allow analog televisions to receive […]
Court Denies Motion to Dismiss Taiwanese Car Parts Price-Fixing Suit
In Fond Du Lac Bumper Exchange Inc. v. Jui Li Enterprise Co. Ltd. et al., and Arkansas Transit et al. v. Jui Li Enterprise Co. Ltd. et al., Eastern District of Wisconsin Judge Lynn Adelman denied defendants’ motion to dismiss a consolidated proposed class action alleging price fixing by Taiwanese aftermarket (AM) sheet metal auto […]
Court Denies UBS Executives’ Motion to Dismiss Charges Against Them
In U.S. v. Ghavami, Southern District of New York Judge Kimba M. Wood denied a motion to dismiss part of an indictment against three former UBS AG executives over alleged fraud schemes and bid-rigging related to contracts in the municipal bond market. In their motion to dismiss, defendants argued that a five-year statute of limitations […]
SD Memory Card Suit Dismissed For Being Time-Barred
In Oliver et al. v. SD-3C LLC et al., Northern District of California Judge Jeffery S. White dismissed a putative consumer class action accusing Panasonic Corp., Toshiba Corp., and SanDisk Corp. of trying to corner the SD memory card market by requiring competitors to enter restrictive patent-licensing agreements that allegedly inflated prices. Defendants filed a […]
Aspartame Conspiracy Suite Dismissed
The Third Circuit affirmed the dismissal of a conspiracy case claiming that 10 defendants, including Japanese firm Ajinomoto Co. Inc., which distributed aspartame in the United States; Monsanto, which owned rights to aspartame product NutraSweet; and Delaware-based NutraSweet Co. conspired to increase the price of the sweetener. The court dismissed the case as outside the statute of limitations, because the […]
Standard Setting Abuse Case to Move Forward
Eastern District of Texas Judge Leonard Davis refused to dismiss Encore Wire Corp’s claim that competitor Southwire Inc. violated California state antitrust laws by lobbying for an industry standard without disclosing that it owned a patent that would be infringed by wire conforming to the standard. Southwire sought dismissal on the ground that the statute […]
Milk Monopolization Case to Move Forward
Vermont District Court Judge Christina Reiss refused to dismiss attempted monopolization claims filed by dairy farmers against the Dairy Farmers of America, Inc. and Dean Foods Co. Although questions remained about the product market and whether the statute of limitations was met, the court found the allegations sufficient to move forward. The court did dismiss […]
Medical Imaging Conspiracy Case to Move Forward
Eastern District of NY Judge Leonard Wexler has denied a motion to dismiss filed by defendant CoareCore in a suit alleging that the company entered exclusive agreements with most large health insurance plans in the region, effectively excluding the plaintiff from a large portion of the market. The defendant argued that the case was time […]