Thrush
Thrush v. Hillman Group, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Appellant Thrush challenges the district court’s grant of summary judgment in favor of Hillman with respect to Thrush’s claim that Hillman gave away products with the intent to injure Thrush in violation of California’s Unfair Trade Practices Act, Bus. & Prof.Code § 17043. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court’s ruling.
Sitting in diversity, we apply the substantive law of California. We review de novo a grant of summary judgment, drawing all inferences in the light most favorable to the nonmoving party. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150-51 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000).
The California Unfair Trade Practices Act provides that “it is unlawful for any person engaged in business within this state to sell any article or product at less than the cost thereof to such vender, or to give away any article or product for the purpose of injuring competitors or destroying competition.” Cal. Bus. & Prof. Code § 17043 .
In granting summary judgment, the district court held that the racks amounted to a permissible ancillary gift as a matter of law. Co Opportunities, Inc. v. Nat. Broadcasting Co.,…