Legal News

Appeals court affirms tourism agency's immunity from price-fixing suit

By Richard Binder

The Ninth U.S. Circuit Court of Appeals has affirmed a ruling that the California Travel and Tourism Commission is shielded from liability for price-fixing allegations, qualified under the two-prong test established by the United States Supreme Court in California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980).

Consumer advocates sued the Commission in 2007, arguing that it was using AB. 2592 as cover to charge excessive rates. Michael Shames and Gary Gramkow were represented by five attorneys, including two with the Center for Public Interest Law at the University of San Diego School of Law.

U.S. District Judge Marilyn L. Huff of the Southern District of California granted the commission?s motion to dismiss for failure to state a claim. On appeal, the Ninth Circuit affirmed in an opinion by Senior Judge Michael Daly Hawkins.

Click here for details.

Full post as published by Legal Pad | LA on June 16, 2010 (boomark / email).