3rd Circ. Pushed To Revive $176M DuPont Price-Fixing Suit

Law360, Philadelphia (March 9, 2017, 5:14 PM EST) -- The Valspar Corp. on Thursday pushed the Third Circuit to revive a $176 million lawsuit accusing DuPont of conspiring to fix the price of titanium dioxide, arguing that if a lower court ruling stands, it would be impossible to advance price-fixing cases on circumstantial evidence alone.

Attorney James Lockhart of Lindquist & Vennum LLP told the panel that a Delaware district court judge's January 2016 ruling saying that Valspar did not show enough evidence of a conspiracy to get to trial on Sherman Act claims was flawed.

"This court and the U.S. Supreme Court have made clear that circumstantial evidence alone can...

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