Termite-Killing Products Price Fixing Conspiracy Case Dismissed

In Valuepest.com of Charlotte Inc. et al. v. Bayer Corp. et al., a termite-killing products price-fixing conspiracy case, Fourth Circuit Court of Appeals affirmed the lower court’s decision to deny the plaintiff’s motion to correct the judgment under Rule 60 on the ground that the plaintiffs abandoned the issues of abandonment and mandate, raised in their motion to correct the judgment, by failing to mention these issues in the argument portion of their opening brief and only mentioned them in their reply brief. Because the court does not normally consider arguments raised for the first time in a reply brief, it affirmed the Western North Carolina District Court’s order without hearing oral arguments.

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