United States Ninth Circuit
Hexcel Corp. v. Ineos Polymers, Inc., 10-56765
In a 2008 suit for antitrust injuries the plaintiff allegedly suffered as the result of a carbon fiber price-fixing scheme, the district court's dismissal on statute of limitations grounds is affirmed, where the four-year limitations period was not tolled due to fraudulent concealment by the defendant's predecessor, given that: 1) the plaintiff was aware of, and likely even participated in the alleged carbon fiber price-fixing scheme, throughout the 1990s; 2) the plaintiff's involvement in this scheme led to its being subpoened in January 1999, along with other carbon fiber producers, by a federal grand jury that was investigating a possible industry-wide price-fixing conspiracy; and 3) the plaintiff confirmed its knowledge of widespread anticompetitive practices in its annual Form 10-K disclosures in March 1999.
Appellate Information
- Decided 06/01/2012
- Published 06/01/2012
Judges
- M. Smith
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- John DeQ. Briggs, Scott W. Fowkes