• ALJ Essex Grants Motions To Terminate Investigation As To Camus And Sidney Frank In Certain Products Having Laminated Packaging (337-TA-874)
  • May 18, 2013 | Author: John F. Presper
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On May 8, 2013, ALJ Theodore R. Essex issued the public version of Order No. 10 and Order No. 11 (both dated May 7, 2013) in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

    According to Order No. 10, ALJ Essex granted a joint motion filed by Complainant Lamina Packaging Innovations, LLC (“Lamina”) and Respondent Camus Wines and Spirits Group (“Camus”) to terminate the investigation as to Camus based on good cause and a mutual release agreement.  The remaining Respondents filed an opposition to the motion arguing that, given the redactions of the agreement, they could not determine whether it was a “sham.”  The ALJ found this argument unpersuasive, stating that Respondents had failed to set forth a good basis as to why the amount of consideration exchanged between Lamina and Camus was critical and failed to clearly set out how the agreement could be a “sham.

    According to Order No. 11, ALJ Essex also granted a joint motion filed by Lamina and Respondent Sidney Frank Importing Co., Inc. (“Sidney Frank”) to terminate the investigation as to Sidney Frank based on a settlement agreement, having found no indication that such termination would adversely impact the public interest.

    The investigation remains pending against other Respondents.