Fourth Circuit affirms dismissal of CLEC's anti-trust claims against Verizon

In Cavalier Telephone LLC v. Verizon Virginia, Inc., the Fourth Circuit in a decision by Judge Niemeyer joined by Judge Widener upheld the dismissal of the competitive local exchange carrier Cavalier's antitrust claims against the ILEC, Verizon. Judge Greenberg of the Third Circuit, sitting by designation, dissented, based on the "essential facilities" doctrine.