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BSF Wins Dismissal of Pineapple Antitrust Case for Client Del Monte

12.10.2010

BSF scored a major antitrust win for core client Fresh Del Monte Produce.  Judge Richard Berman of the Southern District of New York granted summary judgment dismissing an MDL direct-purchaser class action seeking in excess of $900 million in damages based on Del Monte’s alleged misuse of a patent on the “Gold” extra-sweet pineapple to exclude competing pineapple producers from the market.  In a comprehensive opinion, the court excluded significant portions of plaintiffs’ proffered expert evidence and held that plaintiffs had failed to prove a proper relevant market or to present sufficient evidence of anti-competitive conduct and effect.

On November 3rd, this decision was confirmed by the United States Court of Appeals for the Second Circuit.

The dismissal is the culmination of nearly a decade of litigation in this and earlier Gold Pineapple cases for BSF partners Carlos Sires, David Barrett, Stuart Singer and Carl Goldfarb.  Several consumer class actions are still pending in state courts around the country.

The Am Law Daily, December 2, 2009
The Downside of Litigation Financing
http://www.law.com/jsp/tal/digestTAL.jsp?id=1202436001733

October 2, 2009
Claims Del Monte Reaped Rewards of Pineapple Monopoly Rejected
http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202434221815...

October 1, 2009
Judge Slices Pineapple Antitrust Allegations
http://www.courthousenews.com/2009/10/01/Judge_Slices_Pineapp...

September 30, 2009
Fresh Del Monte wins dismissal of pineapple lawsuit
http://www.reuters.com/article/bondsNews/idUSN302265382009093...

September 30, 2009
New York Judge Rules for Del Monte in Pineapple Antitrust Case
http://www.law.com/jsp/tal/digestTAL.jsp?id=1202434205775&New...

Related Lawyers: Carlos M. Sires, Stuart H. Singer, David A. Barrett, Carl E. Goldfarb

Related Practice: Antitrust