On July 18, TOTAL filed its reply to the plaintiffs’ opposition to TOTAL’s motion dismiss the class action complaint in the Southern District of New York. TOTAL argues that plaintiffs lack standing for any of their claims and have not plausibly alleged actual damages, causation, or specific intent. TOTAL also argues that the plaintiffs’ claims are time-barred because they concede that their novel theory of injury—which the CFTC and FERC do not adopt—comes exclusively from their own analysis of the data. Similarly, TOTAL argues that the plaintiffs antitrust claims are barred by the absence of any plausible allegations that TOTAL possessed monopoly power or engaged in exclusionary conduct in the relevant markets. In addition to the reply, TOTAL submitted a letter requesting that the judge hear oral arguments on the motion to dismiss.
22 July 2016