Attorneys Root For Early Dismissal In Antitrust Case

Law360, New York (December 20, 2006, 12:00 AM EST) -- As attorneys anxiously await a ruling by the U.S. Supreme Court in the Bell Atlantic case, some who represent defendants in antitrust disputes are taking comfort in a Second Circuit decision that leaves open the possibility of obtaining early dismissal of an antitrust complaint.

In a lawsuit brought by lumber distributor E&L Consulting Ltd., the U.S. Court of Appeals for the Second Circuit ruled on Dec. 15 that defendants can have an antitrust complaint dismissed at the pleading stage if plaintiffs fail to show harm to...
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