9th Circ. Affirms Dismissal Of Home Depot Pricing Suit

Law360, New York (October 22, 2009, 12:36 PM EDT) -- A federal appeals court has affirmed the dismissal of a putative class action accusing Home Depot USA Inc. of breaching a contract and violating competition laws by overcharging customers for cabinet resurfacing work, concluding that the lead plaintiffs failed to state a claim despite several updates to their complaint.

According to the opinion handed down Tuesday in the U.S. Court of Appeals for the Ninth Circuit, the district court was correct in finding that the contracts between Home Depot and its customers were fixed-price, and therefore...
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