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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/retuc0501 and id is 1 raw text is: 





                       UNFAIR COMPETITION 3D





  Generally

  D.N.M.2014.  Cit. generally in case cit. in sup. In a case brought by cancer-treatment facility against
  hospital owner and others, this court held that plaintiff alleged sufficient facts to form the basis of an
  unfair-competition claim. In making its decision, the court held that, in the absence of controlling law by
  New  Mexico's Supreme  Court, it would be appropriate to assume that that court would adopt the
  elements of an unfair-competition claim set forth in the Restatement Third of Unfair Competition. New
  Mexico Oncology  and Hematology  Consultants, Ltd. v. Presbyterian Healthcare Services, 54 F.Supp.3d
  1189, 1235, 1236.



                           CHAPTER 1. THE FREEDOM TO COMPETE

  § 1. General Principles

  D.Kan.2014.  Cit. in case quot. in sup.; subsecs. (a)(1)-(a)(3) quot. in case quot. in sup.; com. (g) quot. in
  sup. and quot. in case quot. in sup. In a dispute between two solar-panel companies that arose from the
  parties' competing discussions with city about leasing and installing their products on city's buildings,
  defendant filed counterclaims, alleging that plaintiffs made false representations to city about their
  products in an effort to dissuade city from doing business with defendant. This court denied plaintiffs'
  motion to dismiss defendant's counterclaims, holding that defendant sufficiently alleged that plaintiffs
  engaged in unfair competition in violation of Missouri law by, among other things, engaging in
  deceptive marketing, as defined by Restatement Third of Unfair Competition §§ 1 and 2. Energy
  Consumption  Auditing Services, LLC v. Brightergy, LLC, 49 F.Supp.3d 890, 898-901.

  D.N.M.2014.  Subsec. (a) cit. and quot. in sup., cit. in cases cit. and quot. in sup.,; com. (g) cit. and quot.
  in sup., cit. in case quot. in sup. Cancer-treatment facility filed, inter alia, an unfair-competition claim
  against corporation that owned hospitals and insurance companies, alleging, among other things, that
  defendant misrepresented plaintiff's provider status to patients and coerced patients to switch to
  physicians at its hospitals. Denying in part defendant's motion for summary judgment, this court held
  that plaintiff alleged sufficient facts to form the basis of an unfair-competition claim. The court
  determined that there was no indication that the New Mexico Supreme Court would conclude that
  plaintiff's claim was preempted by the Unfair Practices Act, or that it should not follow Restatement
  Third of Unfair Competition § 1, given that the supreme court had previously followed other
  Restatement provisions in the absence of controlling New Mexico law. New Mexico Oncology  and
  Hematology  Consultants, Ltd. v. Presbyterian Healthcare Services, 54 F.Supp.3d 1189, 1233-1236.

  E.D.Pa.2014. Quot. in sup., cit. in ftn., cit. in case cit. in ftn. Law firm filed, inter alia, an unfair-
  competition claim against competitor that purchased from marketing company the exclusive rights to
  advertise on the exterior of regional buses, alleging that defendant acquired and used confidential



uXJ  I u a For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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