Teleglobe USA, Inc. v. USA Global Link, Inc.

BY JUDGE JONATHAN C. THACHER

This matter came before the Court on February 5,1999, on Defendants’ Plea in Bar. During the hearing, Defendants moved that the case be transferred from Equity to Law. I suggested that both counsel submit a three-page brief regarding that issue before I ruled on that issue. For the reasons discussed below, Defendants’ motion is denied.

During the Plea in Bar hearing, Defendants argued that Plaintiffs claims should be dismissed because: (1) the Doctrine of Primary Jurisdiction barred Plaintiffs Bill of Complaint; and (2) Plaintiffs implied contract claims are barred…