McDonough v. Toys “R” Us, Inc.: Seeger Weiss LLP - COMMERCIAL DISPUTES GROUP

Seeger Weiss represents a proposed class of consumers and smaller retailers of baby and juvenile products against Babies “R” Us (an affiliate of the Toys “R” Us chain) and several manufacturers of baby products, including strollers, bedding, car seats, and other items, consolidated actions pending in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia) before the Honorable Anita B. Brody. The Plaintiffs allege that Babies R Us conspired with the manufacturers of baby products in a scheme whereby the manufacturers required other retailers to sell their products at prices above those being charged by Babies R Us. As a result, Babies R Us was able to monopolize the retail market, resulting in consumers being forced to pay more for baby products. Recently, the district court denied the Defendants’ motion to dismiss the consolidated complaints. Defendants currently are seeking to have that decision certified for an interlocutory appeal to the U.S. Court of Appeals for the Third Circuit.