District of Minnesota Judge Ann Montgomery denied the defendants motion to dismiss on statute of limitations grounds arguing that each instance of higher pricing as a result of a market division agreement re-starts the statute. As a result, dismissal was in appropriate even though the agreement was initially entered more than four years ago. The […]
Category Archives: Statute of Limitations
Merchant “Anti-steering” Suit Against AmEx to Move Forward
May 28, 2010 – 1:29 pm
Judge Nicholas Garaufis, E.D. N.Y., refused to dismiss suits filed by major drugstore chains challenging the so-called anti-steering rules imposed by American Express to limit merchant conduct that would dissuade customers from using AmEx cards. Although the court agreed that the entry into the merchant card acceptance agreements triggered the start of the statutory period and […]
Monpolization Case Against BP to Move Forward
May 28, 2010 – 11:20 am
Judge James Zagel, N.D. Illinois, permitted monopolization claims against BP for seeking to corner the market for propane to proceed. The court held that issues of fact prohibit summary judgment on BP’s standing and statute of limitation defenses.
Carbon Fiber Price Fixing Suit Is Allowed To Proceed
March 14, 2010 – 1:44 pm
In Hexcel Corp. v. Ineos Polymers Inc., Central District of California Judge Mariana Pfaelzer denied carbon fiber manufacturer Ineo Polymers Inc.’s motion to dismiss a price-fixing suit brought by rival Hexcel Corp., rejecting Ineos’ claims that Hexcel lacked standing to bring the suit and that Hexcel’s claims were time-barred. The court held that although the […]
Urethane Class Action Suits Can Move Forward
February 8, 2010 – 6:40 pm
In Carpenter Co. et al. v. BASF SE et al.; and Woodbridge Foam Corp. et al. v. BASF SE et al., Kansas District Court Judge John W. Lungstrum has allowed chemical companies that opted out of a class certification in a larger class action to proceed with their own two putative class actions accusing BASF […]
Price-Fixing Action Against Oil Companies Dismissed by Ninth Circuit As Time-Barred
December 16, 2009 – 12:13 am
In Mike Madani et al. v. Shell Oil Co. et al., Ninth Circuit Court of Appeals affirmed the dismissal of a putative class action filed by gas station owners in California accusing Shell Oil Co., Chevron Corp., and Saudi Refining Inc. of engaging in a scheme to fix fuel prices for U.S. franchise owners during […]
Fifth Circuit Dismisses Group Boycott Claim on Statute of Limitations Grounds
April 24, 2009 – 10:47 am
Rx.com, an internet drug supplier, argued that wholesalers engaged in an anticompetitive group boycott to exclude internet suppliers that would pose competition to their mail order businesses. The alleged boycott began in 2000, but the case was not filed until 2004, more than the 4 yeat statute of limitations period. The court held that the […]