January 26, 2006 has been set as the trail date for the law suit filed by Richard Campfield, president of Grand Junction, Colorado-based UltraBond against State Farm Insurance and LYNX Services LLC alleging violations of the Colorado Consumer Protection Act (CCPA) and Colorado state law prohibiting tortuous interference with existing and prospective business contracts.
The trail will take place in Federal Court in Denver.
The taking of depositions is scheduled to start the last week of April and continue through May.
Currently the case is in the discovery stage, reports Campfield.
The original law suit, filed last year, also alleged violations of the Sherman Anti-Trust Act. However, both State Farm and LYNX filed motions to dismiss the case, and Judge Robert Blackburn, a district judge for the Sixteenth Judicial District of the State of Colorado, did so for those charges. The anti-trust claims were dismissed, the judge wrote because "plaintiffs cannot conjure an anti-trust injury out of a mere business dispute simply by artificially defining the relevant market in such narrow terms."
Judge Blackburn did deny motions to dismiss the claims holding LYNX liable to the CCPA, noting that Lynx's argument that it only offers claims adjusting runs counter to allegations in the complaint that point out windshield manufacturer PPG's ownership of LYNX.
The judge also ruled against motions to dismiss the claims of tortuous interference with existing and prospective business relations on the grounds that while the defendants in the case say that Campfield cannot identify any particular contract with which the defendants allegedly interfered, the claim that the number of UltraBond licensees has gone from 1,400 to "only a few hundred" is sufficient to survive the motion to dismiss.
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