Representative Cases

Dolan et al. v. Fidelity National Title Ins. Co.

The firm was lead counsel representing consumers in this price-fixing challenge to the collective setting of New York title insurance rates by the country’s four largest title insurance companies. Subsequent to the filing of the complaint, and its front page coverage in the Wall Street Journal, more than 75 “copycat” actions were filed in numerous jurisdictions throughout the country.

Inquivosa S.A. v. Ajinomoto Co., Inc. (a.k.a. In re Monosodium Glutemate Antitrust Litigation)

Constantine Cannon represented the Government of Japan as an amicus curiae to the United States Court of Appeals for the Eighth Circuit in this global price-fixing lawsuit. The Eighth Circuit, agreeing with Japan’s view that American federal courts lacked jurisdiction over the foreign conduct alleged in the case, affirmed the lower court’s dismissal of foreign purchasers’ claims.

Bartholdi Cable Company, Inc. (formerly Liberty Cable Company, Inc.) v. Time Warner Inc., et al.

Constantine Cannon represented Liberty Cable in its monopolization case against the former Time Warner. Liberty alleged, among other things, that Time Warner stifled competition in the cable television market in the New York metropolitan area through a campaign of predatory and deceptive conduct. The firm secured a favorable settlement for its client on the first day of the trial.

Kesmai Corporation, et al. v. America Online, Inc., et al.

Constantine Cannon represented Kesmai, a developer of on-line video games, in this monopolization case against America Online. Kesmai alleged that AOL used its monopoly position in the Internet service provider market to gain an unfair competitive advantage and monopoly power in the multi-player on-line games market. Constantine Cannon secured a favorable settlement for Kesmai on the eve of trial.

Diskin v. Daily Racing Form, Inc.

Constantine Cannon successfully defended Daily Racing Form, a daily newspaper dedicated to coverage of thoroughbred horse racing, against this purported class action, which alleged that Daily Racing Form violated the antitrust laws when it purchased the assets of a competitor newspaper. The firm secured a settlement following the first stage of discovery.

Solla, et al. v. NYS Health Maintenance Organization Conference, Inc., et al.

Constantine Cannon successfully defended New York Life Insurance Co. in an action brought against the major Health Maintenance Organizations in the New York metropolitan area. The case alleged, among other things, that the HMO defendants conspired to boycott chiropractors. The trial court granted defendants’ motion for summary judgment, and the Second Circuit Court of Appeals affirmed.

Heary Brothers Lightning Protection Co., Inc., et al. v. National Fire Protection Association, Inc., et al.

Constantine Cannon defended the National Fire Protection Association (NFPA), a standard-setting association, in a suit alleging that NFPA conspired with plaintiffs’ competitors through its standard setting process to exclude plaintiffs’ allegedly innovative technology in the lightning protection industry. The NFPA, alone among the defendants, was able to settle this case on very favorable terms prior to any significant discovery in the case.