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Zelle Hofmann Attorneys Defeat Summary Judgment Motion On "Secret Rebate" Counterclaim

Posted On:Sunday, February 28, 2010

As recently reported in Competition Law360, Zelle Hofmann attorneys successfully defended against a summary judgment motion brought under an obscure provision of California's Unfair Practices Act (UPA). A pet food supplier sought summary judgment on its claims that Zelle Hofmann client Pet Food Express Ltd., a San Francisco Bay Area retailer, violated the "secret rebate" provision of the UPA. The federal district court denied the motion, noting the legal and factual shortcomings cited by Pet Food Express in its opposition and oral argument. Zelle Hofmann partner Francis Scarpulla, Zealous Woman Judith Zahid, and associate Patrick B. Clayton represent Pet Food Express Ltd. in the matter, along with co-counsel Henn Etzel & Moore.