Legal Opinion
Jack's Cookie Co. v. Du-Bro Foods, Inc.
Civil Court of the City of New York
Decided October 23, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
David Goldstein, J.
The issue is whether the State courts have jurisdiction of a *700claim for price discrimination under the Robinson-Patman Act (15 USC § 13 et seq.), or whether exclusive jurisdiction lies in the Federal courts.
This is a motion by plaintiff, pursuant to CPLR 3211 (a) (2), to dismiss the first, second and third counterclaims for lack of subject matter jurisdiction. Plaintiff contends that we lack requisite jurisdiction of the third counterclaim to recover for violations of the Federal antitrust laws. In addition, it is argued that, in any event, the Civil…
2Cases cited16 opinions
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Vendo Co. v. Lektro-Vend Corp.Supreme Court of the United States · 1977
- General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- X.L.O. Concrete Corp. v. Rivergate Corp.Appellate Division of the Supreme Court of the State of New York · 1993