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Judge Thynge recommends granting plaintiff’s motion to dismiss counterclaims for, among other things, sham litigation and violation of the Sherman Act and state unfair practices statutes

Chief Magistrate Judge Mary Pat Thynge recently issued a Report and Recommendation regarding plaintiff’s motion to dismiss defendant’s counterclaims for sham litigation, violation of the Sherman Act, Robinson-Patman Act, and unfair practices under state law.  Varentec, Inc. v. Gridco, Inc., No. 16-217-RGA-MPT (D. Del. June 6, 2017).  Judge Thynge found that defendant failed to adequately plead these claims, but recommended that plaintiff’s motion be granted without prejudice as Judge Thynge could not determine on the current record whether amendment would be futile.  Id. at 7-25.

Varentec, Inc. v. Gridco, Inc., No. 16-217-RGA-MPT (D. Del. June 6, 2017)

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