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Antitrust
Sherman Antitrust Act
Unfair Competition

John Rigo dba Altered Air, on behalf of himself and all others similarly situated v. Kason Industries Inc., Peter A. Katz, Component Hardware Group Inc., Thomas Carr, and Does 1 through 10

Published: Sep. 24, 2011 | Result Date: Aug. 19, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-00064-MMA-POR Bench Decision –  Dismissal

Court

USDC Southern District of California


Attorneys

Plaintiff

John G. Emerson

Scott E. Poynter

Alan M. Mansfield
(Whatley Kallas LLP)

Christopher D. Jennings
(Johnson Vines PLLC)

William T. Crowder


Defendant

James R. McGibbon

Christopher T. Casamassima
(WilmerHale LLP)

Douglas M. Tween

Joshua A. Mayes

Richard M. Valdez

Meagan E. Garland
(Duane Morris LLP)


Facts

John Rigo dba Altered Air filed a purported class action on behalf of himself and others similarly situated against Kason Industries Inc., Peter Katz, Thomas Carr, and Component Hardware Group Inc., alleging violations of federal and state antitrust laws.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants participated in a conspiracy

Result

The court granted in part defendants' motions to dismiss plaintiff's claims for common counts, assumpsit, unjust enrichment, and quasi-contract. Further, the court denied in part Kason and Component's motions to dismiss the claims for violation of the Sherman Act, the Cartwright Act, and California's Unfair Competition Law. In addition, the court denied in part Carr and Katz's motions to dismiss the claims brought under the Cartwright Act and California's Unfair Competition Law.


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