Dual Office Litigation Team Scores Complete Victory in Antitrust Action Alleging Conspiracy Plot

Latham client Public Services Enterprise Group faced claims related to a canceled power plant project on Long Island.

November 11, 2019

Antitrust litigators in the New York and Washington, D.C. offices successfully dismissed the claims against clients Public Services Enterprise Group (PSEG), a publicly traded integrated generation and energy company, and PSEG Long Island (PSEG LI), which is responsible for managing the day-to-day operations of the Long Island Power Authority (LIPA), from an antitrust action filed in the Eastern District of New York.

Represented by Latham's litigation peer Boies Schiller, plaintiffs Caithness Long Island II and Caithness Energy claimed that PSEG and PSEG LI conspired with LIPA to prevent Caithness from building a new power plant on Long Island. Latham moved to dismiss.

On September 30, 2019, District Judge Joanna Sebyert granted Latham's motion, on the grounds that, among other reasons, Caithness had not pled a Section 1 antitrust conspiracy — which under the Sherman Act, prohibits any agreements that unreasonably limit competition.  Though the plaintiffs were given 30 days to file an amended complaint, they voluntarily dismissed the case.

The win for PSEG marks the third significant antitrust action Latham has successfully dismissed for an energy client in the last year, following victories for a leading sustainable energy company, Avangrid, in two, separate class actions.

New York partner Lawrence Buterman, Washington, D.C. partner Marguerite Sullivan, and counsel Allyson Maltas led the Latham team to victory, with associates Daniel Blackman in Washington, D.C. and Kevin Wu in New York.

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