Final Rule Updates ASBCA Rules

A final rule issued by the Department of Defense revises the Rules of the Armed Services Board of Contract Appeals to implement statutory increases in the thresholds for submitting and processing contract appeals and to update statutory references and other administrative information. The final rule amends Appendix A, Part 2 of the Defense Federal Acquisition […]

Architect’s Aesthetic Choices Were Compensable Changes

Claims for increased costs for precast concrete work were granted in part by the Civilian Board of Contract Appeals because the government’s architect changed contract requirements. The construction contract required a combination of smooth and acid-etched finishes for precast concrete used as the facing for various structures. The contract specified the precast was to appear […]

Monopoly Claims Were Adequately Alleged Against Diaper Maker Kimberly-Clark

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Last week, the federal district court in Harrisburg, Pennsylvania, refused to dismiss monopoly claims against Kimberly-Clark brought by competitor First Quality Baby Products, LLC. First Quality—a manufacturer of “private label” or store-brand diapers and training pants—adequately alleged that Kimberly-Clark used its more […]

Whirlpool Not Enjoined From Advertising “Steam Dryers”

This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. LG Electronics U.S.A., Inc. was denied injunctive relief against Whirlpool Corporation in an Illinois Consumer Fraud and Deceptive Business Practices Act (CPA) and Uniform Deceptive Trade Practices Act (DTPA) claim alleging Whirlpool’s advertisements of “steam dryers” were false and misleading. […]

Plastic Baby Bottle Settlement Agreement Approved

by Jody Coultas, State Unfair Trade Practices Law An agreement to settle a consumer protection class action filed by baby product purchasers was approved as a fair, adequate, and reasonable by the federal district court in Kansas City. A class of baby product purchasers was certified for settlement purposes. Baby product purchasers filed a multi-state […]

Gasoline Station Franchisor’s Market Withdrawal Did Not Violate PMPA

This posting was written by Pete Reap, Editor of CCH Business Franchise Guide. A gasoline station franchisor did not violate the Petroleum Marketing Practices Act (PMPA) in connection with its withdrawal from the Puerto Rico market because its successor did not fail to comply with the PMPA’s requirement to offer franchises to the franchisees of […]

Arbitration Provision Limitations Were Not Unconscionable

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A California trial court erred in denying a motion by a franchisor of supermarket sushi bars to compel arbitration of its dispute with a franchisee, according to a California appellate court. Even if the arbitration provision’s delegation clause –which specified that an arbitrator and not a […]

Increase of Dealer Rents Was Not “Material Modification”

by Peter Reap, Legal Editor, CCH Business Franchise Guide. A gasoline station franchisor did not violate the California Franchise Investment Law’s (CFIL’s) disclosure requirements by failing to make required disclosures when it increased the rent charged to many of its franchisees, according to a federal district court in San Jose, California. Thus, the franchisor’s motion […]

NCAA Has No Comment for Justice Department Probe of Football Championship Series

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Earlier this month, U.S. Attorney General Eric Holder confirmed at a Senate Judiciary Committee oversight hearing that the Department of Justice was looking into college football’s Bowl Championship Series (BCS) system. In response to questioning from Sen. Orrin Hatch (R-Utah) at the […]

Husband, Wife Did Not Form Association-in-Fact Enterprise

by Mark Engstrom, Legal Editor, RICO BUSINESS DISPUTES GUIDE A husband and wife doing business under a fictitious business name could not form an association-in-fact enterprise for the purpose of stating a RICO claim, the federal district court in Sacramento, California, as ruled. A company that provided engineering services for the government of India alleged […]