US Court of Appeals Affirms Dismissal of Antitrust Suit Targeting Catskills Racing and Gaming

March 22, 2016 – In a another major litigation win for Morrison Cohen clients Entertainment Properties Trust, EPT Concord, LLC, and EPT Concord II, LLC (collectively, “EPR”), the United States Court of Appeals for the Second Circuit affirmed the decision by the United States District Court for the Southern District of New York to dismiss antitrust claims against EPR and other defendants.  In Concord Associates, L.P. et al. v. Entertainment Properties Trust et al., plaintiffs Concord Associates, L.P. (collectively, “Concord”) and affiliates alleged, among other things, that EPR and others had conspired to monopolize the racing and gaming market in the Catskills, and sought $500 million in damages (trebled to $1.5 billion under antitrust law), punitive damages, and injunctive relief. The Court of Appeals agreed with the District Court that plaintiffs failed to state a claim for violations of the Sherman Act. Click here to read decision.

The Court of Appeals decision is just one in an unbroken string of Morrison Cohen litigation victories for EPR, in matters which Concord attempted to block development and construction of a world-class four-season destination gaming resort on EPR's property in Monticello, New York.