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ARTICLE · 07 NOVEMBER 2017

6th Circuit Allows Amended Complaint Against Developer For Telecommunications Services Tying Claim

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Residents of a small Nashville suburb, Thompson's Station, were given a second opportunity to litigate their antitrust actions against local developer ...

United StatesAntitrust/Competition Law

Residents of a small Nashville suburb, Thompson's Station, were given a second opportunity to litigate their antitrust actions against local developer Carbine & Associates, LLC ("Carbine"), Crystal Clear Communications ("Crystal Clear"), and others. A split Sixth Circuit Court of Appeals allowed a Plaintiff class's tying claims with respect to provision of telecommunications services to survive, remanding to the District Court for the Middle District of Tennessee for further proceedings. Courtney Cates et al. v. Crystal Clear Technologies, LLC, et al., No. 16-6714 (6th Cir., Oct. 30, 2017). The panel rejected a challenge under the Communications Act regarding the alleged exclusivity provisions of the contracts.

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