Polystyrene Conspiracy Claims Are Bogus, 1st Circ. Hears

Law360, New York (December 6, 2012, 8:26 PM EST) -- Dart Container Corp. and other polystyrene product makers urged the First Circuit on Thursday not to revive a suit accusing them of boycotting Evergreen Partnering Group Inc. to protect their market dominance, arguing Evergreen had never laid out a plausible conspiracy claim.

Dart, Pactiv Corp., Genpak LLC, Dolco Packaging, Solo Cup Co. and trade group the American Chemistry Council argue in a brief that the lower court saw through Evergreen's rhetoric and correctly applied the plausibility standards in the U.S. Supreme Court's 2007 Bell Atlantic v....
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