Law360 is reporting that an Oregon federal judge has agreed with a magistrate judge’s recommendation to toss out the TRN anti-trust suit. U.S. District Judge Ann Aiken dismissed half the allegations with prejudice and half without, based on the September recommendation to grant a motion to dismiss against the suit brought by TRN and other radio producers. TRN’s Mark Masters told Radio Ink last night, “We are going to appeal, then win.”
According to Law 360 Judge Aiken said she found no error with the original ruling and adopted the findings and recommendations. TRN has until December 12th to file an amended complaint, but they cannot be based on anti-trust. Back in 2014, TRN and others filed suit accusing Cumulus of conspiring with Westwood One to give Cumulus an unfair advantage in the nationally syndicated advertising market.
TRN attorney Christopher Cauble told Law360 their fight will continue against Cumulus. He said while he was disappointed, he and his clients have no intention of stopping the suit and may appeal the dismissal with prejudice of the antitrust claims, or perhaps do so at the end of the case.
