Antitrust, Intellectual Property and
Securities Class Actions
King, et al. v. Hospital Association of Southern California, et al.
B&C filed a class action antitrust lawsuit on behalf of nurses against various Southern California hospitals and their trade association for allegedly engaging in an unlawful price fixing conspiracy to restrict payment of overtime wages to nurses working 12-hour shifts. The lawsuit seeks damages and injunctive relief to force the hospitals to pay proper overtime to the nurses. The case is pending in Los Angeles Superior Court.
Steiner, et al. v. ABC, et al.
B&C represented a class of music composers and owners of sound recordings' against ABC. Plaintiffs alleged that the ABC television network included musical compositions and sound recordings in episodes of soap operas (General Hospital, All My Children, and One Life to Live) without obtaining proper licenses in violation of U.S. Copyright Law. After an initial settlement prompted the intervention of the major record companies and publishers, the case ultimately settled, and received court approval, for $65 million and payments have been distributed to the individual copyright owners.
The Music Force, et al. v. Viacom Inc., et al.
B&C represented a class of musical composers and owners of sound recordings against Viacom and its MTV Networks division. Plaintiffs alleged that Viacom included musical compositions and sound recordings in various shows without obtaining proper licenses in violation of U.S. Copyright law. The case recently settled for $12.5 million and the claims administrator is in the process of finalizing distribution of payments to the individual copyright owners.
White , et al. v. NCAA
B&C represents plaintiffs in a certified class action of Division I men's basketball and Division I-A football players who seek to increase the amount of athletics-based financial aid that student-athletes may receive to cover the full cost of attending college. Under current NCAA rules, the maximum amount of athletics-based aid that student-athletes may receive is a grant-in-aid ("GIA cap"), which covers only tuition, fees, room, board, and required books. The GIA cap does not cover health insurance, course supplies, recommended textbooks, parking, laundry, transportation, or other incidental expenses. The lawsuit alleges that the GIA cap is a horizontal price-fixing agreement between the NCAA and its member universities, and constitutes an unreasonable and illegal restraint of trade in violation of the federal antitrust laws. The case is currently pending in the United States District Court in the Central District of California. The class was certified in October 2006. Trial is scheduled for January 22, 2008.
Hensdorf, et al. v. WellPoint Health Networks, Inc., et al.
B&C represents a class of California physicians in California state court action against WellPoint Health Networks, Inc., Blue Cross of California, and State Compensation Insurance Fund. Plaintiffs allege that defendants have unlawfully conspired to suppress payments made to physicians for services provided to workers' compensation patients to artificial levels substantially below fair market value. Plaintiffs seek damages and an injunction for violations of Section 16720 of the California Business & Professions Code (unreasonable restraint of trade and unlawful tying arrangement) and Section 17200 et seq. of the California Business & Professions Code (unfair business practices).
Mad Rhino, Inc., et al. v. Best Buy Co., et al.
This class action was brought on behalf of independent record stores against major record labels and certain "box" retailers who are able to sell new releases at prices lower than the independent retailers' wholesale price. The suit seeks injunctive relief for violation of the Robinson-Patman antitrust act and state law counterparts to prohibit the record stores from giving preferential deals to the box retailers and to prohibit the box retailers from selling below cost.
Keith Warlick v. Fog Cutter Capital Group, Inc. et. al:
B & C filed a minority shareholder lawsuit in Los Angeles Superior Court. Warlick is the former CEO of the Fatburger hamburger chain. Warlick's investment group was the largest minority shareholder group of Fatburger. The suit alleges the the Fog Cutter investment group used fraudulent and unlawful means in violation of the California state securities laws and in breach of its fiduciary duties to engage in a scheme to dilute the holdings of common shares of Warlick and his investment group from about a 35% share of the common stock to less than 5% without any compensation. The lawsuit seeks damages of in excess of $10 million for the fair compensation of the common stock of the Warlick Group which suffered from the dilution.
B&C filed a class action antitrust lawsuit on behalf of nurses against various Southern California hospitals and their trade association for allegedly engaging in an unlawful price fixing conspiracy to restrict payment of overtime wages to nurses working 12-hour shifts. The lawsuit seeks damages and injunctive relief to force the hospitals to pay proper overtime to the nurses. The case is pending in Los Angeles Superior Court.
Steiner, et al. v. ABC, et al.
B&C represented a class of music composers and owners of sound recordings' against ABC. Plaintiffs alleged that the ABC television network included musical compositions and sound recordings in episodes of soap operas (General Hospital, All My Children, and One Life to Live) without obtaining proper licenses in violation of U.S. Copyright Law. After an initial settlement prompted the intervention of the major record companies and publishers, the case ultimately settled, and received court approval, for $65 million and payments have been distributed to the individual copyright owners.
The Music Force, et al. v. Viacom Inc., et al.
B&C represented a class of musical composers and owners of sound recordings against Viacom and its MTV Networks division. Plaintiffs alleged that Viacom included musical compositions and sound recordings in various shows without obtaining proper licenses in violation of U.S. Copyright law. The case recently settled for $12.5 million and the claims administrator is in the process of finalizing distribution of payments to the individual copyright owners.
White , et al. v. NCAA
B&C represents plaintiffs in a certified class action of Division I men's basketball and Division I-A football players who seek to increase the amount of athletics-based financial aid that student-athletes may receive to cover the full cost of attending college. Under current NCAA rules, the maximum amount of athletics-based aid that student-athletes may receive is a grant-in-aid ("GIA cap"), which covers only tuition, fees, room, board, and required books. The GIA cap does not cover health insurance, course supplies, recommended textbooks, parking, laundry, transportation, or other incidental expenses. The lawsuit alleges that the GIA cap is a horizontal price-fixing agreement between the NCAA and its member universities, and constitutes an unreasonable and illegal restraint of trade in violation of the federal antitrust laws. The case is currently pending in the United States District Court in the Central District of California. The class was certified in October 2006. Trial is scheduled for January 22, 2008.
Hensdorf, et al. v. WellPoint Health Networks, Inc., et al.
B&C represents a class of California physicians in California state court action against WellPoint Health Networks, Inc., Blue Cross of California, and State Compensation Insurance Fund. Plaintiffs allege that defendants have unlawfully conspired to suppress payments made to physicians for services provided to workers' compensation patients to artificial levels substantially below fair market value. Plaintiffs seek damages and an injunction for violations of Section 16720 of the California Business & Professions Code (unreasonable restraint of trade and unlawful tying arrangement) and Section 17200 et seq. of the California Business & Professions Code (unfair business practices).
Mad Rhino, Inc., et al. v. Best Buy Co., et al.
This class action was brought on behalf of independent record stores against major record labels and certain "box" retailers who are able to sell new releases at prices lower than the independent retailers' wholesale price. The suit seeks injunctive relief for violation of the Robinson-Patman antitrust act and state law counterparts to prohibit the record stores from giving preferential deals to the box retailers and to prohibit the box retailers from selling below cost.
Keith Warlick v. Fog Cutter Capital Group, Inc. et. al:
B & C filed a minority shareholder lawsuit in Los Angeles Superior Court. Warlick is the former CEO of the Fatburger hamburger chain. Warlick's investment group was the largest minority shareholder group of Fatburger. The suit alleges the the Fog Cutter investment group used fraudulent and unlawful means in violation of the California state securities laws and in breach of its fiduciary duties to engage in a scheme to dilute the holdings of common shares of Warlick and his investment group from about a 35% share of the common stock to less than 5% without any compensation. The lawsuit seeks damages of in excess of $10 million for the fair compensation of the common stock of the Warlick Group which suffered from the dilution.
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