Honey Bum, LLC v. Fashion Nova, Inc.

Whether summary judgement is appropriate where plaintiff cannot show a horizontal agreement between vendors in a per se group boycott; whether summary judgement of California TIPER and TIC tort claims are appropriate without valid outside illegal acts or valid contracts

The district court granted summary judgement in favor of Fashion Nova for allegations made by Honey Bum for violating the Sherman Act, 15 U.S.C., Section 1, two California business torts, tortious interference with prospective economic relations (TIPER), and tortious interference with contract (TIC). Honey Bum appealed, and argued that a horizontal agreement between vendors was not required for a per se group boycott claim, and if it was, the fact record supported one. The court held, to be per se unlawful, Honey Bum had to create a material dispute regarding the horizontal agreement among the vendors. The court found that there was neither direct nor circumstantial evidence to that effect. The grant of summary judgement below was affirmed. In regard to the tort claims, TIPER required Honey Bum show Fashion Nova acted illegally outside of tortious interference alone. Because this allegation Honey Bum hinged on Fashion Nova's violation of the Sherman Act, Honey Bum could not rely on that claim here. The TIC claim failed because Honey Bum presented no valid contracts. The grant of summary judgement on the tort claims was appropriate. AFFIRMED.