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Twombly meets Leegin - failure of plaintiff to allege "plausible" entitlement to relief constitutes failure to allege "antitrust injury"

Sheppard Mullin Richter & Hampton LLP
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USA
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January 8 2009

In New England Carpenters Health Benefits Fund v. McKesson Corp., 573 F.Supp.2d 431 (Aug. 26, 2008), the District Court for the District of Massachusetts dismissed a national class action antitrust complaint, borrowing from the recent United States Supreme Court decisions in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007), and Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S.Ct. 2705 (2007

FCRA completely preempts California's CCRAA

Sheppard Mullin Richter & Hampton LLP
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USA
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January 6 2009

Question: Does the federal Fair Credit Reporting Act preempt all actions filed under California's Consumer Credit Reporting Agency Act?

"Citizen Petition" to FDA raised genuine issues on sham exception to Noerr-Penington doctrine

Sheppard Mullin Richter & Hampton LLP
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USA
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January 8 2009

On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in fact delayed the generic manufacturers' applications

Ninth Circuit holds that Section 304 of the Sarbanes Oxley Act does not provide litigants with a private right of action

Sheppard Mullin Richter & Hampton LLP
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USA
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January 6 2009

In In re Digimarc Corporation Derivative Litigation, 2008 WL 5171347 (9th Cir. Dec. 11, 2008), the United States Court of Appeals for the Ninth Circuit held that Section 304 of the Sarbanes-Oxley Act (15 U.S.C. 7243), which provides for the forfeiture of certain bonuses and profits when corporate officers fail to comply with securities law reporting requirements, does not create a private right of action

California Court of Appeal rejects anti-SLAPP motion in trade secretsB&P section 16600 case

Sheppard Mullin Richter & Hampton LLP
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USA
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May 7 2009

In World Financial Group, Inc. v. HBW Insurance & Financial Services, Inc. the California Court of Appeal for the Second Appellate District rejected an Anti-SLAPP motion to strike in a breach of contract, theft of trade secrets, and unfair competition case

Delaware court confirms LLC managers and members owe fiduciary duties and duties of good faith and fair dealing

Sheppard Mullin Richter & Hampton LLP
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USA
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April 28 2009

A recent Delaware Court opinion, Bay Center Apartments Owner, LLC v. Emery Bay PKI, LLC, Case No. 3658-VCS (Del. Ch. Apr. 20, 2008), provides important guidance regarding whether and to what extent managers and members of a limited liability company (“LLC”) organized in Delaware owe duties to the LLC and its members

Plaintiffs' allegations of plywood price-fixing conspiracy found insufficient to state a claim under Twombly

Sheppard Mullin Richter & Hampton LLP
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USA
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September 3 2009

On August 10, 2009, a federal district court in Mississippi granted defendants' motion to dismiss plaintiffs' claims alleging that defendants conspired to fix the prices of plywood in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. 1

Ninth Circuit finds that new home buyer plaintiffs fail to satisfy per se tying element that amount of commerce not be "insubstantial"

Sheppard Mullin Richter & Hampton LLP
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USA
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September 3 2009

Buyers of newly constructed homes in the Boise, Idaho, area filed a federal antitrust class action, alleging that realtors representing owners of undeveloped property tied the sale of the undeveloped lots to realtors’ services and commissions that included the new homes constructed on the lots by contractors, as well at the value of the lot

Landlords keep your house in order - claims for past due rents dismissed where certificate of occupancy not obtained

Sheppard Mullin Richter & Hampton LLP
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USA
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January 28 2009

In an unlawful detainer action, the Court of Appeal reversed the trial court's award of past due rent under a lease where the landlord had failed to secure a required certificate of occupancy for the leased premises and the tenants were unaware of the requirement at the time they leased the premises

Court of Appeal loosens requirements of ascertainability and common interest for class certification

Sheppard Mullin Richter & Hampton LLP
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USA
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January 15 2009

In Ghazaryan v. Diva Limousine, the California Court of Appeal reversed a trial court's denial of a class certification motion in a wage and hour class action

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Search results

Twombly meets Leegin - failure of plaintiff to allege "plausible" entitlement to relief constitutes failure to allege "antitrust injury"

FCRA completely preempts California's CCRAA

"Citizen Petition" to FDA raised genuine issues on sham exception to Noerr-Penington doctrine

Ninth Circuit holds that Section 304 of the Sarbanes Oxley Act does not provide litigants with a private right of action

California Court of Appeal rejects anti-SLAPP motion in trade secretsB&P section 16600 case

Delaware court confirms LLC managers and members owe fiduciary duties and duties of good faith and fair dealing

Plaintiffs' allegations of plywood price-fixing conspiracy found insufficient to state a claim under Twombly

Ninth Circuit finds that new home buyer plaintiffs fail to satisfy per se tying element that amount of commerce not be "insubstantial"

Landlords keep your house in order - claims for past due rents dismissed where certificate of occupancy not obtained

Court of Appeal loosens requirements of ascertainability and common interest for class certification

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