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Antitrust trial centers of Google search engine’s power
The U.S. government is taking aim at what has been an indomitable empire: Google’s ubiquitous search engine that has become the internet’s main gateway. The legal attack will swing into full force today in a Washington federal courtroom that will serve as the battleground for the biggest U.S. antitrust trial since regulators went after Microsoft […]
New antitrust lawsuit against NCAA seeks millions in damages
The attorneys who beat the NCAA in the Supreme Court have filed a new class-action antitrust lawsuit against the association and the five wealthiest college sports conferences that seeks millions of dollars in damages for thousands of athletes. The case was filed Tuesday — the day after the NCAA Tournament concluded — in the Northern […]
Antitrust suit can proceed
A nurse staffing company can move forward with an antitrust suit alleging that a network of South Carolina hospitals orchestrated a wage-fixing scheme. The case appears to mirror litigation in Arizona that resulted in a $22.5 million settlement. U.S. District Judge Mary Lewis found that the Greenville-based Advance Nursing Corp.’s claims against the nonprofit South […]
Corporate – Antitrust Claims Fail Against Concert Promoters
It’s My Party Inc. v. Live Nation Inc. (Lawyers Weekly No. 001-028-16, 31 pp.) (Wilkinson, J.) No. 15-1278, Feb. 4, 2016; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: It’s My Party Inc., a regional concert promoter that owns venues such as the Merriweather Post Pavilion, loses its antitrust suit against national concert promoter […]
Antitrust – Panel Splits on Twombly Standard for Antitrust Claim
SD3 LLC v. Black & Decker U.S. Inc. (Lawyers Weekly No. 001-164-15, 98 pp.) (Agee, J.) No. 14-1746, Oct. 29, 2015; USDC at Alexandria, Va. (Cacheris, J.) 4th Cir. Holding: Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s safety technology in an effort […]
Antitrust – Saw Company Group Boycott Claim Survives
SD 3LLC v. Black & Decker (U.S.) Inc. (Lawyers Weekly No. 001-155-15, 98 pp.) (Agee, J.) No. 14-1746, Sept. 15, 2015; USDC at Alexandria, Va. (Hilton, S.J.); 4th Cir. Holding: Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s “active injury mitigation technology” in […]
Judge rules against American Express in antitrust suit
NEW YORK — American Express violated U.S. antitrust laws by barring merchants from asking customers to use one credit card over another, a federal judge ruled Thursday. The case was a major blow to American Express, who argued that its policies kept it competitive against the larger payment networks Visa and MasterCard and their bank […]
Teeth whitening ruling weakens antitrust shield
A 4th U.S. Circuit Court of Appeals ruling in a dispute over teeth whitening has exposed just about every occupational regulatory board in the Carolinas, including the N.C. State Bar, to federal antitrust attacks. The S.C. Bar may be less affected, however, as regulation of lawyers in the Palmetto State is handled by the Supreme Court, rather than by lawyers themselves.
Antitrust – Attempted Monopolization Claim – Insufficient Allegations – Relevant Market – Dangerous Probability of Success – Home Builders
Downeast Builders & Realty, Inc. v. Essex Homes Southeast, Inc. In its attempted monopolization counterclaim, defendant fails to allege what “identified subclass or submarket of new houses” or what “particularized price point” plaintiff is attempting to monopolize. Furthermore, defendant fails to allege the geographic market it claims plaintiff is attempting to monopolize.
Antitrust – Real Property – Multiple Listing Services – Anti-Competitive Bylaws – Putative Class Actions
Robertson v. Sea Pines Real Estate Companies Inc. The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.
Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust
South Carolina v. LG Display Co. The State of South Carolina filed this antitrust action seeking civil forfeitures and statutory penalties pursuant to its parens patriae power in addition to seeking restitution on behalf of a particular subset of S.C. citizens. As such, this case is not removable under the Class Action Fairness Act. The state’s motion to remand to state court is gran[...]
Antitrust – Civil Practice – Counterclaim Allegations – Geographic Market – Body Armor Fibers
E.I. DuPont de Nemours & Co. v. Kolon Industries Inc. (Lawyers Weekly No. 001-052-11, 29 pp.) (Wynn, J.) No. 10-1103, March 11, 2011; USDC at Richmond, Va. (Payne, J.) 4th Cir. Click here for the full text of the opinion. Holding: Saying “this case is no Twombly,” the 4th Circuit reverses a district court’s dismissal […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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