An Oregon federal judge on Monday agreed with a magistrate judge's recommendation to toss an antitrust suit brought by talk radio producers accusing Cumulus Media Inc. of monopolizing a national radio advertising bundling market, leaving room to try again with just half the claims.
U.S. District Judge Ann L. 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 Talk Radio Network Enterprises LLC and other radio producers.
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 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.
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