In Ciba Vision Corp. v. De Spirito, Northern District of Georgia Judge J. Owen Forrester has dismissed an optometrist’s antitrust and other counterclaims in a trademark infringement suit brought by eye care company Ciba Vision Corp., holding that the defendant failed to sufficiently allege that Ciba engaged in any type of conspiracy in violation of […]
Category Archives: Standard for Alleging Conspiracy
Optometrist’s Antitrust Counterclaims Dismissed in a Contact Lens Trademark Infringement Suit
March 14, 2010 – 2:35 pm
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 […]
Urethane MDL Plaintiffs Order to Produce Data
February 2, 2010 – 11:42 am
District of Kansas Magistrate Judge James O’Hara ordered the plaintiffs in the urethane multi-district litigation to produce data about their sales that had been requested by the defendants. The judge agreed with defendants that the information was necessary to allow the defendants to respond to the conspiracy allegations by showing that the plaintiffs own information […]
Second Circuit Addresses Twombly Standard in Reviving Digital Music Conspiracy Suit
February 2, 2010 – 11:15 am
The Second Circuit reversed a district court’s dismissal of a case alleging that major record companies had conspired to increase the price of digital music distributed on CDs and over the Internet. The trial court had found the allegations of conspiracy insufficient under the Twombly standard. The Second Circuit reversed, explaining that “[t]he present complain […]
Taxi Advertising Conspiracy Suit Dismissed
January 7, 2010 – 12:27 pm
In Astra Media Group LLC v. Clear Channel Taxi Media LLC et al., Southern District of New York Judge Naomi Buchwald dismissed with prejudice an antitrust suit against Clear Channel Taxi Media LLC filed by Astra Media Group LLC, alleging that Clear Channel attempted to establish a monopoly on the rooftop advertising on New York […]
Price-Fixing Suit Against DSM Rubber Units To Move Forward
January 7, 2010 – 12:03 pm
In In re: Ethylene Propylene, District of Connecticut Judge Stefan R. Underhill refused to dismiss antitrust allegations against two subsidiaries of multinational manufacturing company Royal DSM NV, alleging that the defendants fixed the price of ethylene propylene diene monomer synthetic rubber used in the auto and roofing industries. The Court rejected the defendants’ contentions that […]
Egg-Sharing RICO And Antitrust Violations Claims Dismissed As “Quite Far-Fetched”
December 10, 2009 – 10:25 am
In Options National Fertility Registry et al. v. American Society for Reproductive Medicine et al., Northern District Court of California Judge Jeremy Fogel dismissed for the third time a proposed class action brought by an organization representing human egg donors who say the American Society for Reproductive Medicine and the Society for Assisted Reproductive Technology […]
Auto Filter Price-Fixing Suit To Move Forward
December 2, 2009 – 10:21 am
In In Re: Alftermarket Filters Antitrust Litigation, MDL, Northern District of Illinois Judge Robert W. Gettleman has rejected a request by manufacturers including Honeywell International Inc., Wix Filtration Corp., and United Components Inc. to dismiss consolidated putative class action suits alleging price-fixing in the market for automotive filters under heightened pleading standards of Bell Atlantic […]
Airline Commission Conspiracy Case Dismissed
October 15, 2009 – 12:25 pm
Update March 2010: The travel agents have petitioned for certiorari in the U.S. Supreme Court. In In re: Travel Agent Commission Antitrust Litigation, 6th Circuit Court of Appeals has upheld a dismissal of a suit for failure to state a claim under Section 1 of the Sherman Act, brought by travel agents accusing major airlines […]