I represented RG&E in an antitrust case brought by the Department of Justice. At the first hearing in the case, five lawyers appeared for DOJ. After hearing arguments, Judge Michael Telesca told the lawyers there was a box of donuts in the jury room and suggested we adjourn there and try to resolve the case.
In due course, we reported we had reached an agreement.
Soon DOJ filed a motion to pursue the case, and we again appeared before Judge Telesca. After hearing from DOJ, Judge Telesca turned to me and said, “I thought we had this case settled.” I replied, “So did I.” The judge again sent us away.
The result was a 10-year consent decree that has long since expired.
