The men’s professional tennis association, ATP Tour Inc., faces another hurdle in its quest to recoup the $17.5 million in attorney fees it spent to prevail in a federal antitrust lawsuit filed against the association by its member federations. The U.S. Court of Appeals for the Third Circuit has remanded ATP’s request back to the U.S. District Court for the District of Delaware to determine the validity of an association bylaw that requires tour members to reimburse the association in any litigation in which the members do not prevail.
A three-judge panel composed of Judges Marjorie O. Rendell, Thomas L. Ambro and Richard L. Nygaard issued the decision inDeutscher Tennis Bund v. ATP Tour. The appellate court’s decision remands the case back to U.S. District Judge Gregory M. Sleet, who initially denied ATP’s request for attorney fees.
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