The US Court of Appeals of Atlanta (Eleventh Circuit) affirms a ruling of dismissal of an action brought on behalf of a class of purchasers of visco-elastic foam mattresses against a distributor (Benny Jacobs Wanda / Tempur-Pedic)

Lights Out for Resale Price and Dual Distribution Class Action* On December 2, 2010, the Court of Appeals for the 11th Circuit affirmed a ruling of dismissal entered by the United States District for the Northern District of Georgia. Jacobs v. Tempur-Pedic Int.’l, Inc., No. 08-12720. Plaintiff Jacobs brought an action on behalf of a class of purchasers of “visco-elastic foam" mattresses from defendant Tempur-Pedic North America, Inc. (“TPX”). Jacobs had purchased a mattress from a TPX distributor in Georgia. Pursuant to the TPX distributor’s agreement, the distributor sold the mattress to Jacobs at a price equal to or above the minimum retail price required by the agreement. Jacobs then brought a class action for alleged violations of Section 1 of the Sherman Act. Jacobs alleged two

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  • Sheppard Mullin (Los Angeles)

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Jr. Don T. Hibner, The US Court of Appeals of Atlanta (Eleventh Circuit) affirms a ruling of dismissal of an action brought on behalf of a class of purchasers of visco-elastic foam mattresses against a distributor (Benny Jacobs Wanda / Tempur-Pedic), 2 December 2010, e-Competitions Bulletin US Private Enforcement, Art. N° 66624

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