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10 Mar 5:04 pm by Daniel Low
News America agreed to a settlement with Floorgraphics, Inc., ending the trial before Floorgraphics had finished presenting its case. Although I do not know the terms of the settlement, the timing - in the midst of trial after compelling testimony from Floorgraphics' first few witnesses -- suggests that it is for a substantial sum. The fact that News America was forced to settle may bode well for the Insignia suit against News ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
2 May, 2008 3:27 am by Daniel Low
On April 24, the U.S. District Court for the District of New Jersey denied News America Marketing's motion for Summary Judgment in Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc., No. 04-3500 (D. ... computer hacking, false and disparaging statements, and tortious interference with contract. In the summary judgment motion, Defendants argued that Floorgraphics mischaracterized News America's vigorous, aggressive competition as tort, and that there is no admissible evidence that ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
12 Mar 2:25 pm by Daniel Low
... , as reported by BNET, states: News America Marketing announced today that it has entered into an agreement with FLOORgraphics, Inc. to purchase the company's network of in-store contracts and other assets. This will expand News ... through allegedly anticompetitive means, which was at issue in their recent lawsuit that ended in a settlement mid-trial. While Floorgraphics' remaining retail contracts were largely limited to smaller retailers, the acquisition helps ensure that News America will ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
12 Aug, 2008 4:04 pm by Daniel Low
The trial between FLOORgraphics, Inc. and News America Marketing has been pushed back from October 1 to November 12. Trial Postponed: Vacation Plans, Holidays, & Pre-trial Matters - In a ... , and religious holidays in October. News America also suggested that a number of issues could be addressed pre-trial in order to expedite the trial. FLOORgraphics responded with a letter opposing the delay, pointing out that there are other holidays in November and December, and that News' trial team has ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
7 Jul, 2008 12:30 am by Daniel Low
Reconsideration Denied - On June 23, News America Marketing's motion for reconsideration of the denial of its summary judgment motion in Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc., No. 04-3500 (D.N.J.) was denied, setting the stage for trial, which has been set for October 1, 2008. Evidence of Causation - News America's original summary judgment motion was denied ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
8 Mar 7:40 am by Daniel Low
... a lunch meeting between Floorgraphics and News America executives in 1999. At the meeting, Paul Carlucci of News America allegedly threatened to "destroy" Floorgraphics if it tried to compete with News America in the in-store shelf advertising business (as reported in this Inc. article). Emmel - Floorgraphics' second witness was Robert Emmel, a former News America employee who testified under subpoena regarding alleged anti-competitive ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
6 Aug 7:06 pm by Daniel Low
... federal court January 18, 2006. See Valassis Communications, Inc. v. News America Inc., et al., No. 2:2006-cv-10240 (E. ... lawsuit brought by News America's in-store advertising competitor - Floorgraphics, Inc - went to trial. Floorgraphics originated in-store floor advertising, and also competed against ... testified that News America engaged in a campaign to target retail accounts to take away from Floorgraphics, and overpaid for exclusive contracts with retailers. He also testified that they made ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
12 Oct 5:31 am by Rebecca Tushnet
... Insignia's. According to NAMI, Insignia's retailer-installed program had compliance rates under 20%, while FLOORGraphic's was under 50%. Insignia contended that the audit was flawed, and that its compliance rate was 75% or higher during the ... that retailers like you receive for putting up our signs." Another letter stated, "[NAMI] is on a mission to destroy competition from FLOORgraphics, Inc. and Insignia POPS.® If NAMIS succeeds in this mission, your company is likely to pay higher prices for ...
43(B)log - http://tushnet.blogspot.com/index.html
19 Mar 9:52 am by Daniel Low
... in a very menacing way. News America accused Emmel of making up the incident, and also pointed out that Floorgraphics has paid $375,000 for its share of Emmel's legal fees (which apparently exceed $750,000 total, ... and Valassis jumped after the Floorgraphics settlement was announced, because: The settlement and acquisition of FGI [Floorgraphics, Inc.] by News America raises the probability that Valassis may succeed in its trial (paving the way for a jackpot jury verdict in favor of Valassis) or ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
11 Apr, 2008 5:28 am by Daniel Low
... :2006-cv-10240 (E.D. Mich. Filed Jan. 18, 2006); (2) FLOORgraphics v. News America Marketing, No. 04-CV-3500(D.N.J.); ... lawsuit over free-standing inserts here and here. 2. FLOORgraphics v. News - FLOORgraphics, Inc. ("FGI") alleges in its Fourth Amended Complaint that "News commenced a deliberate and ... judgment motion is pending. (Disclosure: While I was working at another law firm, I was an attorney for FLOORgraphics in this suit and in an arbitration against Safeway). 3. Theme Promotions v. News - ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
27 Jan 5:01 am by Daniel Low
... recently, but News America is facing trials in federal court beginning in March, April, and May, and related state court trials in March and August, as follows: March 2. Floorgraphics, Inc. v. News America Marketing (D.N.J.) March 10. Valassis v. News America ... on a Motion for Summary Judgment in the same case is scheduled for February 19. May 1. Insignia Systems, Inc. v. News America Marketing (D. Minn.). Summary Judgment briefingin the case is scheduled to be completed by ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
23 Aug, 2008 3:16 pm by Daniel Low
... Promotions against News America Marketing based on antitrust and other violations. Theme Promotions, Inc. v. News Am. Marketing FSI, __ F.3d __, 2008 WL 3852724 ... the Ninth Circuit reversed, reinstating Theme's claims in 2002. See Theme Promotions, Inc. v. News America FSI, 35 Fed. Appx. 463 (9th Cir. 2002). ... at a competitive disadvantage." The Valassis v. News is now scheduled for April 2009, while Floorgraphics v. News is scheduled for November 2008, and Insignia v. News is scheduled for March ...
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
3 Aug, 2008 6:34 pm by Daniel Low
... previous posts here, here, and here), Insignia has agreed to dismiss its claims against Albertsons, a grocery chain owned by SuperValu, Inc. The stipulation for dismissal (download as .pdf) was signed July 31, 2008. While the reason for the dismissal is not clear from the ... 's lawsuit, even if it is ultimately unsuccessful, has forced News America to think twice before engaging in some of the aggressive tactics that it has allegedly employed against Insignia, Valassis, FLOORgraphics, and others.
Consumer Goods & Retail Industry Litigation Blog - http://cpglitigation.blogspot.com/
         
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