BHP Billiton said on Friday it expected to lodge a motion within the next few days to challenge a lawsuit filed by Potash Corp. to fend off the miner’s $39 billion hostile takeover bid.
BHP said its lawyers were finalizing details of the dismissal motion which could be filed as early as Friday.
“Sometime in the next few days is right,” a BHP spokeswoman said when asked about the timing.
Potash filed a lawsuit in the U.S. District Court in Chicago last week, alleging that BHP misrepresented material facts related to its bid for the world’s largest producer of potash.