Air Cargo Plaintiffs Cry Foul At New Arguments

Law360, New York (February 25, 2008, 12:00 AM EST) -- Plaintiffs in an antitrust case against a number of major airlines have asked the court to strike a defense brief, saying that the airlines gave entirely new legal arguments in the reply brief without giving the plaintiffs a chance to respond.

The defendants in the case filed a motion to dismiss all state law claims on the grounds that they were preempted by federal law, and the plaintiffs filed a response. In January, the airlines filed a reply in which, according to the plaintiffs, they introduced...
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