Volume 47, Issue 10 - October 2012

Legislation&Legal

Glasslam USA Suit Against Edgetech Settled and Dismissed
A suit Glasslam USA filed against Edgetech IG in March 2011 has been settled between the parties and subsequently dismissed, according to documents filed in the U.S. District Court for the Southern District of Florida. The suit was dismissed with prejudice and each party will bear its own attorneys’ fees and costs (see related story in May 2011 USGlass, page 20).

Glasslam (also known as Nebula Glass International Inc.) had alleged that Edgetech had engaged in defamation, deceptive and unfair trade practices, and breach of contract, among other allegations. Many of the allegations related to Glasslam’s entry into the warm-edge foam spacer market in 2007 with its EPD Air-Tight spacer, and Edgetech’s own warm-edge foam Super Spacer product.

The company had further alleged that Edgetech pressured suppliers that manufacture raw materials used in foam spacers not to sell to Glasslam; that the company had “conspired with trade associations and certification councils to keep Glasslam’s EPDM warm edge foam spacer from the market;” and that the company had “blackmail[ed] customers to prevent Glasslam competition with the foam spacer.” Glasslam charged Edgetech with two counts of violation of the Sherman Act, one count of violation of the Clayton Act, two counts in violation of Florida statutes, a count of defamation, a count of violation of Florida’s deceptive and unfair trade practices, and breech of contract.

While the order did not specify the reason for the dismissal, the parties had filed a joint motion just 12 days before the dismissal for extension of time to file a status report, saying that they believed the matter would be “resolved by a settlement.”

Glasslam CEO Steve Howes declined to comment, citing confidentiality agreements signed in the case. Officials from Edgetech had not yet responded to requests for comment at press time.

Trainor Glass Suit Dismissed
The Trustees of the Indiana State Council of Roofers Health and Welfare Fund, which had filed suit against Trainor Glass in February, has voluntarily dismissed the case, according to court documents. The Trustees had alleged that the company had failed to make payments into the fund and contributions on behalf of its employees, beginning in November 2011.

The suit was filed on February 22, just a few weeks before Trainor Glass filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Northern District of Illinois. The company had not responded to the suit at the time of its dismissal.

The notice of voluntary dismissal specified “that the plaintiff is dismissing [its] complaint in this action without prejudice.”

“The plaintiff further shows the court that pursuant to the rule neither an answer, nor a motion for summary judgment, has been filed,” wrote counsel for the Trustees.

Charles Berger of Berger and Berger in Evansville, Ind., represented the Trustees in the suit. At press time, he had not responded to requests for comment on the dismissal.

USG
© Copyright 2011 Key Communications Inc. All rights reserved.
No reproduction of any type without expressed written permission.