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Vol. 96, Nos. 2383-2407, pp. 1-656 and Vol. 97, Nos. 2408-2424, pp. 1-496 Jan. 9 -- Oct. 30, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
PAPER INDUSTRY
– Interpretation of markets, FERC standard reasonable (D.C. Cir.), In Brief, 96:19
– Cell phones
– – CDMA technology, cell phone purchaser lacks standing, 97:240
– – UMTS standard, indirect purchasers lack standing to challenge licensing (S.D. Cal.), 96:241 – Electrical muscle stimulation devices, sham IP litigation and false statements create antitrust injury (E.D.N.Y.), 96:131 – FTC hearing set, In Brief, 96:159 – Generic drugs
See GENERIC DRUGS
– Modems, manufacturers may amend claims in noninfringement suit (D. Del.), 97:59 – Table grapes, patent monopoly fraud by state commission, claim may proceed (E.D. Cal.), 96:206 – Technology standards, patent monopolies, Special Report, 96:538
– Gasoline price gouging (3d Cir.), In Brief, 97:404
– Title insurance, customer alleging deceptive practices need not exhaust administrative remedies (Pa. Super. Ct.), 97:487
See also RETIREMENT
– Fund management, restraint of trade claims adequately alleged (S.D. Cal.), 96:240
– Price fixing, agency relationship with distributors is not sham, minimum prices not unlawful (4th Cir.), 96:316
See OIL AND GAS
See OIL AND GAS
– Arbitration, law of the case requires MDL transferee judge to honor order to compel arbitration in benefits manager claim (3d Cir.), 97:361
– Dietary supplements
See GENERIC DRUGS
– HIV booster drugs, settlement approved on finding of no antitrust injury (9th Cir.), 97:33 – Mergers – Pharmacies
– – Chile, pharmacy chain admits to cartel, receives lower fine for cooperation, 96:336
– – France, pharmacy guild fined for encouraging retirement home to buy from nearby operators, 96:414 – – Internet pharmacy blocked from benefit networks, claim time-barred (5th Cir.), 96:456 – – Merger, In Brief, 97:266 – – Sweden, pharmacy monopoly to end, 96:195; legislature passes privatization bill, 97:50
– China, Mitsubishi Rayon takeover of Lucite Intl. approved with conditions, 96:436
– EU sends statement of objections to heat stabilizer companies, 96:305
– Amway marketing materials (8th Cir.), In Brief, 96:461
– Boycott claim against insurer, failure to allege agreements dooms complaint (6th Cir.), 96:10 – Dialysis center fails to plead market, monopolization claims dismissed (D. Colo.), 97:257 – Eye surgery, equipment maker fails to satisfy flexible plausibility pleading standard (S.D.N.Y.), 96:212 – Motor vehicles, claimants should be allowed to remedy deficiencies before final judgment (Alaska), 97:125 – Nuclear medical devices, pleadings in tying counterclaims lack sufficient detail (D. Utah), 97:144 – Plausibility, panelists discuss changes post-Twombly, 96:501 – Real estate listing service, conspiracy and combination adequately pleaded (E.D. Mich.), 96:131 – Round thermostats, antitrust injury insufficiently pleaded, class not certified (Me.), 97:123 – Social networking, antitrust counterclaims against Facebook dismissed for vagueness (N.D. Cal.), 97:482 – Steel, allegations of parallel conduct based on circumstantial evidence survive motions to dismiss (N.D. Ill.), 96:639 – Table grapes, patent monopoly fraud, alleged market needs further development (E.D. Cal.), 96:206 – Title insurance, price fixing allegations lack specificity, dismissed with leave to amend (N.D. Cal.), 96:533 – Weight loss vitamins, lack of specificity in pleading dooms fraud claim re advertising (D.N.J.), 96:623
– Broadband, EU opens investigation on restrictive practices, 96:439
– Internet kiosks, judgment entered against scheme operators (D. Nev.), 96:428
– CARB gas restraint of trade claims, prior claim dismissed as untimely is not preclusive (9th Cir.), 96:369
– Chile, fiber cement producer ordered to pay damages for predatory pricing, 96:518
– Eye surgery, equipment maker fails to satisfy flexible plausibility pleading standard (S.D.N.Y.), 96:212 – Price squeeze claim cannot be made with no duty to deal at wholesale and no predatory pricing at retail (U.S., rvs and rem), 96:177; Analysis and Perspective, 96:218; remanded (9th Cir.), In Brief, 96:430
– Cal., consumer privacy law not preempted by CAN-SPAM (Cal.), 97:367
– Deposition transcripts, Federal Rules of Civil Procedure preempt state statutes (N.J. App. Div.), 97:209 – FCRA, trigger leads, state law claims preempted (2d Cir.), 97:397 – Motor vehicle fuel, statutory markup is preempted by Supremacy Clause (E.D. Wis.), 96:160; state will not appeal invalidation, 96:246; gasoline retailers may intervene to appeal, 97:238 – Railroad fuel surcharges, state price-fixing claims preempted by ICCTA (D.D.C.), 96:61; proposals for bifurcated and phased discovery rejected, 97:38 – Truth in Lending Act (U.S., rev den), In Brief, 96:65
– Competition policy, think tank encourages enhanced enforcement, 97:216
– Pending rules freeze, In Brief, 96:66
– Mortgages, FTC charges lender with charging higher prices for Hispanic consumers (C.D. Cal.), 96:479
– Robinson-Patman Act cases
See also CARTELS; CONSPIRACY
– Air transportation
– – Asiana pleads guilty, will pay fine in cargo and fare conspiracy (D.D.C.), 96:464
– – Australia, four airlines fined for fare fixing, 96:167 – – Cargo cartel, carriers plead guilty to price fixing (D.D.C.), 96:70; Martinair executive pleads guilty, 96:438 – – Foreign conspiracy, U.S. court lacks jurisdiction (E.D. Pa.), 97:491 – Canada
See CANADA
– Chemicals
– – Hydrogen peroxide suit, court not barred from resolving disputes between experts in Rule 23 hearing, class decertified and remanded (3d Cir.), 96:5
– – Sulfuric acid, settlement for indirect purchasers approved (Cal. Super. Ct.), 96:115 – Cigarettes, expert testimony on parallel price movement sufficient to reverse summary judgment (N.M. Ct. App.), 96:380 – Color display tubes, executive indicted (N.D. Cal.), 97:216 – Discounting, bill to allow manufacturer minimum price agreements – Electrical carbon products, nonparty witnesses may be deposed re price fixing allegations (D.N.J.), 96:223 – Fiberglass insulation, class certified in claim against contractor (N.D. Ga.), 96:153; class notice approved, 97:474 – Flat glass, motion to dismiss price claims against manufacturers denied (W.D. Pa.), 96:156 – Germany, bundled damage claims may proceed against cement firms, 96:491 – Insurance
– – Cal., state-sponsored health plan exempt from antitrust scrutiny (Cal. Ct. App.), 97:300
– – Conn., insurance, settlement reached in bid rigging, price fixing, and illegal steering claims (Conn. Super. Ct.), 96:462 – – Filed rate doctrine, title insurance purchasers cannot overcome in claims for damages (D. Del.), 97:85; doctrine does not preclude injunctive relief (E.D. Pa.), 97:113 – – Health and malpractice, repeal of exemption from price-fixing rules
See JAPAN
– – Diversity lacking in claim against vitamin cartel where state and citizens are both real parties in interest (D.D.C.), 97:181
– – Premature dismissal, jurisdiction must be decided before dismissal for failure to state a claim (Tenn. Ct. App.), 96:245
– – Epson pleads guilty (N.D. Cal.), 97:245
– – Executives plead guilty in global scheme (N.D. Cal.), 96:73; additional executives indicted, 96:119; Hitachi resolves criminal charges re sales to Dell, 96:250; additional Hitachi executive indicted, 96:339; LG Display executive pleads guilty, 96:440; amnesty, court cannot compel applicant to identify itself, 96:559 – – Japan, modules for Nintendo displays, Hitachi and Sharp penalized, 96:26; tribunal to be convened, 96:307 – Methyl methacrylate, class action settled (E.D. Pa.), 97:360 – Musical instruments, merchant group settles claims of unfair competition (FTC), 96:214 – Oil and gas, suit against OPEC and CITGO dismissed for lack of subject-matter jurisdiction (S.D. Tex.), 96:49 – Ore., illegal overcharges, Governor signs bill allowing indirect purchasers to recover, 96:624 – Oriented strand board class action, additional attorneys' fees from direct purchasers in opt-out settlement group not warranted (E.D. Pa.), 96:239 – Personal care products, German scheme had no effect on U.S. market, subject matter jurisdiction lacking (N.D. Ill), 96:23 – Pesticides, agency relationship with distributors not sham, minimum prices not unlawful (4th Cir.), 96:316 – Physicians, non-risk-sharing contracts negotiation process is anticompetitive (U.S., rev den), 96:184 – Railroad fuel surcharges, state claims preempted, federal claims survive (D.D.C.), 96:61; proposals for bifurcated and phased discovery rejected, 97:38 – Ready-mixed concrete, class certified (S.D. Ind.), 97:284 – Resale price maintenance
– – Pest control products, sale via agents (U.S., rev den), 97:384
– – Roundtable report posted to OECD website, 97:411 – – Testimony in panel hearing debates potential legislative overruling of Leegin, 96:423; further action, see LEGISLATION, FEDERAL, S 148 – Ships and shipping
– – Freight executive sentenced (M.D. Fla.), 96:112
– – Marine hose company settles charges (S.D. Fla.), 96:429 – – Salvage, two of three post-Katrina claims dismissed (E.D. La.), 96:163 – SRAM, definition of class (N.D. Cal.), In Brief, 96:19 – Text messaging, Senate panel examines rates and competition, 96:617 – Tomato products, co-lead counsel for class appointed by court (E.D. Cal.), 96:324 – Travel agencies, claims against airlines properly dismissed (6th Cir.), 97:388
– Divergence of theories on doctrine in U.S. and EU, panelists discuss, 96:347
– HIV booster drugs, settlement approved on finding of no antitrust injury (9th Cir.), 97:33 – Slovakia, EU opens investigation in broadband markets, 96:439 – Telecommunications, claim cannot be made with no duty to deal at wholesale and no predatory pricing at retail (U.S., rvs and rem), 96:177; Analysis and Perspective, 96:218; remanded (9th Cir.), In Brief, 96:430
– Adequacy of existing rules, FTC sets roundtable discussions, 97:292
– Behavioral advertising, FTC calls for better self-regulation to avoid mandatory consumer protections, 96:155; FTC sends analysis to House panels for use at joint hearing, 96:620; Boucher (D-Va) says industry steps do not diminish need for regulation, 97:147 – California
– – Consumer privacy law not preempted by CAN-SPAM (Cal.), 97:367
– – ZIP code is not personal identification information under state privacy law (Cal. Ct. App.), 97:489 – Conference to be sponsored by FTC, OECD, and APEC, 96:249 – COPPA, FTC to expedite review for potential modification to address mobile marketing, 96:402 – Data breaches
See DATA SECURITY
– Enforcement at FTC likely to be tougher under new leadership, observers say, Special Report, 97:92; interview of FTC Chairman Leibowitz, 97:149 – EU, social networking services agree to voluntary principles, 96:140 – File sharing, House committee launches investigation into risks of inadvertent disclosure of personal data, 96:402 – Financial services, new consumer protection agency proposed for enforcement, 97:6; FTC would retain key privacy powers, 97:34; Congress expresses concerns over possible duplication of effort, 97:35; further developments, see LEGISLATION, FEDERAL, HR 3126 – HIPAA violations found in dumpster disposal of patient information by CVS (FTC), 96:158 – Identity theft
See IDENTITY THEFT
– Spyware, FTC has standing to pursue claims (M.D. Fla.), In Brief, 96:217; FTC privilege, In Brief, 97:206 – Telemarketing
See TELEMARKETING
– Attorney-client privilege
See ATTORNEYS
– Choice of law
See CHOICE OF LAW
See CLASS ACTIONS
– Costs, appellate award may not be used to offset trial award (7th Cir.), 97:119 – Evidence
See EVIDENCE
See JURISDICTION
– Pleadings
See PLEADINGS
See PREEMPTION
– Sealed pleadings, parties must redact sensitive portions for release (E.D. Tenn.), 97:396 – Standing
See STANDING
See VENUE
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