DuPont says plaintiffs’ claims in price-fixing class action have ‘fundamental defects’

Published November 21, 2014 4:08pm ET



SAN JOSE, Calif. (Legal Newsline) – DuPont has again asked a federal judge to dismiss a paint price-fixing class action lawsuit against it after claiming the plaintiffs failed to close claim gaps in their second amended complaint.

DuPont asked District Judge Beth Labson Freeman to dismiss the complaint, stating that the court should strike all of the plaintiffs’ class allegations because the named plaintiffs and their counsel “impermissibly seek to represent two classes – the ‘merchant class’ and the ‘consumer class’ that have inherent and unavoidable conflicts.”

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