Skip to Content
Top

Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation

logo
|

Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation

On May 22, 2023, Judge Chesney denied in full Defendants NHK’s and TDK’s Motion for Partial Summary Judgment Regarding Foreign Commerce, which sought dismissal of nearly all of the Class Plaintiffs’ claims, based on the Foreign Trade Antitrust Improvements Act (“FTAIA”), the dormant Commerce Clause and a number of the state statutes pursuant to which Plaintiffs sought damages. Defendants argued that Class Plaintiffs’ claims were barred because the Suspension Assemblies at issue were initially sold abroad and not shipped to the U.S. by Defendants, and thus constituted foreign commerce. Defendants also argued that the state laws under which Class Plaintiffs sought damages did not extend to the sales of Defendants’ Suspension Assemblies, or conduct outside of those particular states. The Court rejected these arguments finding that Plaintiffs’ claims were not barred under the FTAIA, and were cognizable under the state laws.

Order Denying Motion for Summary Judgment on FTAIA

Hard Disk Drive Suspension Assemblies Antitrust Litigation

Categories: 
Litigation. Legislation. Results.

Champions in Court and in the Capital

Get In Touch With Us

Have questions? Ready to get started? Call or contact us using the form below.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Cuneo Gilbert & LaDuca, LLP at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy