In Behrend et al. v. Comcast Corp., Eastern District of Pennsylvania Judge John R. Padova has handed down a win to cable TV customers accusing Comcast Corp. of illegally establishing a monopoly in the Philadelphia area, recertifying a class after Comcast invoked a 2008 appeals court ruling in In re Hydrogen Peroxide Litigation to get [...]
Category Archives: Class Certification
Abbott Settles Tricor Action Filed by States
January 9, 2010 – 7:28 pm
Update January 2010: Abbott has agreed to settle Tricor related claims filed by 22 states and the District of Columbia in the District of Delaware for $22.5 million. Update April 2009: The settlement amount has increased to $250 million, and a number of cases filed by various states and the District of Columbia based on [...]
Thermostat Class Action Gets Certified
December 15, 2009 – 10:28 am
In Wright et al. v. Honeywell International Inc., Vermont’s highest court has reversed and remanded a lower state court’s denial of class certification to a consumer collective action alleging Honeywell International Inc. abused its dominant position in the thermostat market. Vermont Supreme Court held that the trial court applied too rigorous a standard in denying [...]
Federal Court Certifies Classes in SRAM Price Fixing Case
December 2, 2009 – 9:58 am
A federal antitrust investigation of the SRAM chip manufacturing industry has led to a multi-class consolidated multi-district litigation in the Northern District of California. The case alleges price fixing from 1996 through 2006. Judge Claudia Wilken has certified nationwide classes of direct and indirect purchasers as well as state classes.
Former NCAA Athletes Sue for Publicity Rights
August 7, 2009 – 11:40 am
A class of former NCAA athletes has filed suit in the Northern District of California alleging that the NCAA rule requiring athletes to convey their publicity rights during their days as student athletes to the NCAA in perpetuity constitutes a concerted refusal to negotiate a revenue sharing agreement with the athletes.
Transpacific Air Travel Price Fixing MDL Initiated
August 7, 2009 – 11:18 am
Multi-district civil litigation is moving forward in the Northern District of California under the name In re: Transpacific Air Transportation Antitrust Litigation. The recently amended complaint now alleges that nearly 20 airlines participated in a conspiracy to fix transpacific prices from 2004 to 2007. The complaint is said to include extraordinary detail on the lockstep imposition [...]
Indirect Purchasers Seek to Join I-Pod Antitrust Litigation
May 21, 2009 – 1:48 pm
Update: May 2009: A Northern District of California Judge dismissed the claim that Apple improperly tied I-pods to its itunes music software. The court found that the company did not link the sale of the two products and that either could be used without the other. A class of plaintiffs that have purchased I-Pods from [...]
Third Circuit Discusses Class Certification
April 23, 2009 – 6:32 pm
Update April 2009: The plaintiffs have proposed settlements with all defendants. Interestingly, one defendant settled for zero dollars with a pledge to help the plaintiff secure settlements against the other defendants. In In re: Hydrogen Peroxide Antitrust Litigation, the Third Circuit remanded a decision certifying the class, instructing the district court to conduct a more [...]
Fiberglass Insulation Price-fixing Case to Go to Trial
February 17, 2009 – 1:10 pm
Northern District of Georgia Judge Julie Carnes denied defendant Masco motion for summary judgment in a case alleging that Masco, a large insulation contractor, orchestrated a price fixing cartel amoung four of the five largest fiberglass insulation manufacturers. The complaint alleges that because of its size, Masco was able to negotiate lower prices from the manufacturers than [...]
Third Circuit Remands Plastics MDL on Class Certification Issue
February 3, 2009 – 12:01 pm
Update September 2010: On remand, the district court denied class certification. Following its decision in the recent hydrogen peroxide case, the Third Circuit remanded In Re: Plastic Additives Antitrust Litigation for additional consideration as to whether common issues in fact predominate.