Continuant Adds Another Pre-Trial 'Win' in Avaya Lawsuit; Court Denies Avaya's Motions for Reconsideration

Published on: June 21, 2012

TRENTON, N.J., May 1, 2012 /PRNewswire/ -- Continuant, the nation's leading independent provider of maintenance and support services for enterprise communications systems, has won another significant legal victory in its five-year battle with Avaya for consumer choice. 

Continuant maintains that Avaya's business practices violate US antitrust laws. In January of this year, New Jersey Federal District Court Judge Garrett E. Brown, in a single ruling, denied Avaya's two Motions for Summary Judgment seeking to dismiss Continuant's claims, paving the way for the issue to be decided at trial.

Avaya subsequently filed two Motions for Reconsideration, asking the Court to reverse Judge Brown's ruling as to each of the summary judgment motions, as well as a motion seeking interlocutory appeal of one aspect of Judge Brown's ruling.

On April 27, New Jersey Federal District Court Judge Joseph E. Irenas denied all three Avaya motions in a single ruling.

Judge Irenas' ruling is the fourth time (covering seven motions) since Continuant filed its federal antitrust counter-complaint in 2006 that the Court has ruled in favor of Continuant and allowed the bulk of its antitrust claims to proceed.  As a result, Continuant will have the opportunity to present to a jury its claim that Avaya has "aggressively sought and maintained a monopolistic stranglehold" on purchasers of its telecom equipment by denying their right to select the service provider of their choice.

Continuant Chief Sales Office Bruce Shelby said, "We are pleased at the Court's ruling and look forward to presenting our case to a jury.  Avaya has taken every possible step to keep our antitrust claims from going to trial and I believe these latest unsuccessful motions were Avaya's last hope of keeping our case from going before a jury."

Source: PR Newswire (

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