United States Fourth Circuit

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Kolon Industries Incorporated v. E.I. DuPont De Nemours & Company, 12-1587

In an action alleging that defendant attempted to wield, or did wield, monopoly power over the U.S. para-aramid fiber market in violation of the Sherman Act, the district court's orders granting summary judgment for defendant, denying plaintiff's recusal motion and certain discovery rulings, are affirmed, where: 1) recusals under 28 U.S.C. section 455(b) include a judicially implied timely-filing requirement, and the district court acted within its discretion in denying plaintiff's recusal motion on timeliness grounds; 2) the district court did not abuse its discretion in its discovery rulings; and 3) plaintiff failed to raise a triable issue of material fact sufficient to sustain either its attempted or actual monopolization claims.

Appellate Information

  • Decided 04/03/2014
  • Published 04/03/2014

Judges

  • DIAZ

Court

  • United States Fourth Circuit

Counsel