Sherman Act: Knology Inc v. Insight Comm Co (WD Ky 8/22/2006)

Knology Inc v. Insight Comm Co
Western District of Kentucky at Louisville
SHERMAN ACT:  Noerr-Pennington Immunity; Costs
06a0310p.06  8/22/2006
BOYCE F. MARTIN, JR., Circuit Judge. Insight Communications Company, L.P., and Insight Kentucky Partners, L.P., (collectively “Insight”) appeal the district court’s denial of their motion for costs based on the district court’s granting of Knology, Inc.’s motion for voluntary dismissal with prejudice. The dismissal followed this Court’s ruling in an earlier appeal that Insight was entitled to Noerr-Pennington immunity on Knology’s claims for damages, which reversed the district court’s determination that only a portion of Knology’s claims were barred, as well as its related grant of partial summary judgment in favor of Knology. On remand, both parties filed motions for dismissal with prejudice — Insight sought through its motion to have Knology pay its costs in defending the lawsuit, while Knology’s motion sought dismissal with both parties bearing their own costs. The district court granted Knology’s motion denying costs, and dismissed Insight’s motion as moot. For the following reasons, we AFFIRM the district court’s decision.

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