Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims

December 19, 2012 | Appeals | Employment & Labor

Ken Novikoff, Max Gershenoff, and Brian Bank successfully obtained the pre-answer dismissal of various federal antitrust claims brought by a freight forwarder against another freight forwarder that services the niche hatching egg market.  In Solent Freight Servs., Ltd Inc. v. Carlos Alberty, et al., 2012 U.S. Dist. LEXIS 179699 (E.D.N.Y. Dec. 18, 2012), the Court dismissed the plaintiff’s per se claim for failure to plead a horizontal agreement that falls within the rule.  The Court likewise rejected the plaintiff’s rule of reason and monopoly claims, finding that the plaintiff failed to identify any injury to competition in the market as a whole.

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Solent Freight Servs., Ltd Inc. v. Carlos Alberty, et al.,

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