In Nexstar Broadcasting Inc. v. Granite Broadcasting Corp. et al., Northern District of Indiana Judge Robert L. Miller Jr. denied Granite Broadcasting Corp.’s motion to reconsider a denial of its motion to dismiss and a request to certify an interlocutory appeal. In its suit, Nexstar accused Granite of restricting competition for local spot advertising in […]
Author Archives: Steve Semeraro
Retailers’ Antitrust Suit Against LCD Manufacturers Survives Motion to Dismiss
October 16, 2012 – 1:46 pm
In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston denied a motion to dismiss price-fixing claims related to the sale of cellphones and digital cameras brought by several retailers against liquid crystal display manufacturers. This case is part of a consolidated multidistrict class action suit, where direct purchasers of […]
Marketer’s Antitrust Suit Against DirecTV Does Not Violate Free Speech
October 16, 2012 – 1:19 pm
In Basic Your Best Buy Inc. v. DirecTV Inc., a California Court of Appeal refused to dismiss a $83.7 million lawsuit against DirecTV Inc. The plaintiff, a marketer of DirecTV products, accused DirecTV of conspiring to restrain trade by suddenly ending its contract, threatening litigation, warning other DirecTV dealers not to buy the company’s assets, […]
Tentative Settlement in Comcast Monpolization Class Action Not Enforceable; Supreme Court Review to Move Forward
October 12, 2012 – 4:38 pm
In Behrend et al. v. Comcast Corp. et al., Eastern District of Pennsylvania Judge John R. Padova refused to compel Comcast to follow through on a settlement to which the parties had tentatively agreement before the U.S. Supreme Court granted certiorari to review a class certification issue in Comcast Corp. et al. v. Caroline Behrend […]
Filed Rate Doctrine Bars Challenge to Energy Price Set at Auction
October 11, 2012 – 9:09 am
In Simon v. KeySpan Corp., the United States Court of Appeals for the Second Circuit upheld the dismissal of the plaintiffs claims on the ground that the filed rate doctrine blocked a consumer class action alleging that KeySpan used a complex financial transaction to overcharge New York City electricity buyers. The filed rate doctrine holds […]
Foreign Trade Antitrust Improvements Act Does Not Bar Damages Claim Where LCDs Passed From the US to Mexico for Processing Before Being Sold in the US
October 8, 2012 – 2:19 pm
In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston rejected the defendants’ argument that the Foreign Trade Antitrust Improvements Act barred some claims. The defendants contended that the bulk of one plaintiff’s damages were based on LCD products that had been shipped to a Mexican arm of the plaintiff. […]
Court Dismisses Putative Antitrust Class Action Over Imaging Drug
September 21, 2012 – 1:35 pm
In PharmaRx Pharmaceutical Inc v. GE Healthcare Inc et al., Central District of California Judge Mariana R. Pfaelzer dismissed a radiopharmacy owner’s putative antitrust class action against Cardinal Health Inc. and GE Healthcare Inc., ruling the plaintiff had failed to plead its antitrust and conspiracy claims with enough specificity. In its complaint, plaintiff alleged that […]
First Circuit Dismisses Antitrust Claims Against Three HMOs, Holding Them Incapable of Collusion
September 20, 2012 – 3:35 pm
In Gonzalez-Maldonado et al v. MMM Health Care Inc. et al., the First Circuit Court of Appeals rejected antitrust claims filed by two Puerto Rico doctors against three HMOs, which cut ties with the doctors over disputed payments. In dismissing the antitrust claims, the court held that the three HMOs are incapable of collusion because […]
Antitrust Claims Dismissed in Medical Billing Price-Fixing Suit
September 20, 2012 – 3:15 pm
In In re: WellPoint Inc. Out-of-Network “UCR” Rates Litigation, Central District of California Judge Philip S. Gutierrez dismissed Sherman Act claims in a long-running multidistrict litigation for lack of standing. In their suit, plaintiffs accuse WellPoint and other insurers of conspiring to underpay health care providers by knowingly creating and using flawed data – contained […]
Court Overturns Jury Verdict and Dismisses Cleaning Antitrust Suit
September 20, 2012 – 2:16 pm
In United National Maintenance Inc. v. San Diego Convention Center Corp. Inc., Southern District of California Judge dismissed a suit accusing San Diego Convention Center (SDC) of monopolizing cleaning services during trade shows and interfering with a janitorial vendor’s contract. The dispute began after the SDC enacted a policy requiring all cleaning services at trade […]