Dismissed ferrosilicon suit gets new life

Nov 30, 2010 | 05:00 AM | Thorsten Schier

A previously dismissed lawsuit involving a price-fixing scandal in the ferrosilicon industry has regained momentum, with the two sides clashing since the plaintiffs filed an appeal in April.

U.S. District Judge Rosemary M. Collyer had dismissed the case in March, ruling that the defendants—Applied Industrial Materials Corp., Elkem Metals Inc., Elkem AS, CC Metals & Alloys LLC and Evonik Degussa GmbH—couldn't be prosecuted in the District of Columbia as none of them had significant operations there.

The case was brought by Brazilian ferrosilicon companies Cia. Brasileira Carbureto de Calcio (CBCC), Cia. Ferroligas Minas Gerais-Minasligas and Cia. de Ferro Ligas da Bahia (Ferbasa).

However, the plaintiffs claim that the involvement of the U.S. International Trade Commission (ITC) in Washington, D.C.—a central player in the lawsuit— made it the only court for the trial. Alternatively, the plaintiffs have requested the trial be moved to a more appropriate venue.....





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