Justia Antitrust & Trade Regulation Opinion Summaries

Articles Posted in US Court of Appeals for the Eleventh Circuit
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SmileDirect filed suit against the Georgia Board of Dentistry, including the Board’s members in their individual capacities, alleging inter alia, antitrust, Equal Protection, and Due Process violations related to the amendment of Ga. Bd. of Dentistry R. 150-9-.02. On appeal, the Board members challenged the denial of their motion to dismiss the complaint with respect to the alleged antitrust violations.After determining that it does have appellate jurisdiction under the collateral order doctrine, the Eleventh Circuit affirmed, holding that, based on the facts alleged in SmileDirect's complaint, the Board members are not entitled to state-action immunity under Parker v. Brown, 317 U.S. 341 (1943), at this point in the litigation, and the district court properly denied their motion to dismiss. In this case, the Board members have failed to satisfy the Midcal test by failing to meet the "active supervision" prong of the test and both prongs are necessary to satisfy the test. Furthermore, the court rejected the Board members' argument that ipso facto state-action immunity is available merely because of the Governor's power and duty, and without regard to his actual exercise thereof. The court explained that the Board members have established no more than the mere potential for active supervision on the part of the Governor, and thus they have fallen far short of establishing that the amended rule was "in reality" the action of the Governor. View "SmileDirectClub, LLC v. Battle" on Justia Law

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Automotive body shops filed suit against major automobile insurance companies, alleging claims for relief under the Sherman Act and state law based on the insurance companies' alleged anticompetive practices.The Eleventh Circuit held that it lacked jurisdiction to decide the merits of the Indiana and Utah appeals because the orders dismissing the first amended complaints became final judgments under Hertz Corporation v. Alamo Rent-ACar, Incorporated, 16 F.3d 1126 (11th Cir. 1994), when the deadline to amend expired. However, the court held that it had jurisdiction to review the order dismissing the Mississippi body shops’ antitrust claims. The court also held that the district court correctly dismissed the antitrust claims; the district court did not abuse its discretion in denying the Mississippi body shops' motion to reconsider its dismissal of their antitrust claims; and the district court correctly dismissed most of the Mississippi body shops' claims under state law. Accordingly, the court vacated in part, affirmed in part, and remanded for further proceedings. View "Automotive Alignment & Body Service, Inc. v. State Farm Mutual Automobile Insurance Co." on Justia Law

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The Body Shops filed suit alleging that defendant insurance companies colluded to lower repair prices by improperly pressuring the shops to lower prices and by threatening to boycott those who did not comply. The Body Shops claimed a per se price-fixing conspiracy and a per se conspiracy to boycott, as well as state law claims.The Eleventh Circuit affirmed the district court's dismissal of all of the Body Shop's federal antitrust and state law claims except the tortious interference claims. Although the court held that the unjust enrichment and quantum meruit claims of the Body Shops were wholly without merit, the court vacated the district court's judgment as to the tortious interference claims because the court was not persuaded by the district court's grounds for concluding that the allegations of tortious interference in each of these five cases violated the group pleading doctrine, i.e., failed to give fair notice to each defendant of the claim being made against it. The court remanded for further proceedings. View "Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co." on Justia Law

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The Eleventh Circuit reversed the dismissal of five complaints filed by automobile body shops, asserting federal antitrust and state tort claims against insurance companies. The court held that the shops pleaded enough facts to plausibly support their federal antitrust and state tort claims. In this case, the body shops argued that the insurance companies engaged in two lines of tactics in pursuit of a single goal: to depress the shops' rates for automobile repair. The body shops have supplied enough allegations to raise a reasonable expectation that discovery will reveal evidence of an illegal agreement; the body shops have consistently alleged the existence of parallel conduct and of plus factors allowing a plausible inference of an illegal agreement; and the allegations have sufficiently established the body shops' state tort claims of unjust enrichment, quantum meruit, and tortious interference. Accordingly, the court remanded for further proceedings. View "Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co." on Justia Law