11th Circ. Refuses To Revive Tempur-Pedic Resale Case

Law360, New York (December 2, 2010, 9:09 PM EST) -- A federal appeals court has upheld a lower court ruling dismissing a proposed class action against Tempur-Pedic North America Inc. alleging that the foam mattress giant had both engaged in unlawful price-fixing with its distributors and violated U.S. antitrust law in its use of vertical resale price maintenance agreements.

Evaluating the case under the standard articulated by the U.S. Supreme Court in Bell Atlantic Corp v. Twombly, the U.S. Court of Appeals for the Eleventh Circuit in a split ruling Thursday agreed that the plaintiffs had...
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