A judge has thrown out nearly every count against the University of Minnesota in the case over its new apple, the SweeTango, and ordered the two sides into mediation.
In his ruling, released Friday, Hennepin County Judge Lloyd Zimmerman dealt a big blow to the 15 local apple growers suing the University but stopped short of dismissing all of their claims.
The group filed a lawsuit against the University and their partner Pepin Heights Orchard back in June over their agreement, which gave the orchard exclusive rights to market and distribute the Minneiska trees that bear the SweeTango apple.
The apple is a cross between the Honeycrisp and Zestar varieties. Those in the UniversityâÄôs apple breeding program expect SweeTango to displace the Honeycrisp in popularity as the breed becomes more available.
Friday’s ruling dismissed all antitrust claims filed against the University, as the University is a state entity and is therefore not subject to antitrust violations.
One count of âÄúviolation of federal procedural due processâÄù against the University, however, was not dismissed by the judge.
The judge also refused to dismiss two charges against Pepin Heights Orchard for violation of business and agricultural law.
The two parties have 60 days to begin mediation of the remaining charges.