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17-441 - R.M. Bacon, LLC v. Saint-Gobain Performance Plastics Corp. et al


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17-441 - R.M. Bacon, LLC v. Saint-Gobain Performance Plastics Corp. et al
February 20, 2018
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 26) is GRANTED in part and DENIED in part; and it is further ORDERED, that RMs claims for negligent interference with prospective economic advantage, tortious interference with prospective and existing business relationships, and negligence per se are DISMISSED with prejudice; and it is further ORDERED, that Bacons negligence per se claim is DISMISSED with prejudice; and it is further ORDERED, that RM and Bacons negligence claims survive Defendants Motion; and it is further ORDERED, that the questions of law decided in this Memorandum-Decision and Order are certified for interlocutory appeal pursuant to 28 U.S.C. ยง 1292(b), and any party may apply for leave to appeal with the United States Court of Appeals for the Second Circuit within ten days of the filing date of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on February 20, 2018. (sas)