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Bank of America Corp. v. Gelboim

Petition for certiorari denied on January 17, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-545 2d Cir. N/A N/A N/A N/A OT 16

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issues: (1) Whether a plaintiff may plead a violation of the antitrust laws based on alleged collusion in a noncompetitive context and alleged injuries that do not stem from the impairment or restraint of any competitive process; and (2) whether a plaintiff may plead an antitrust conspiracy based on alleged conduct that is equally indicative of parallel, non-conspiratorial activity.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 5 2016Application (16A129) to extend the time to file a petition for a writ of certiorari from August 21, 2016 to September 20, 2016, submitted to Justice Ginsburg.
Aug 8 2016Application (16A129) granted by Justice Ginsburg extending the time to file until September 20, 2016.
Sep 9 2016Application (16A129) to extend further the time from September 20, 2016 to October 20, 2016, submitted to Justice Ginsburg.
Sep 13 2016Application (16A129) granted by Justice Ginsburg extending the time to file until October 20, 2016.
Oct 20 2016Petition for a writ of certiorari filed. (Response due November 21, 2016)
Oct 28 2016Waiver of right of respondents Ellen Gelboim, et al. to respond filed.
Nov 7 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 9 2016Response Requested . (Due December 9, 2016)
Nov 12 2016Waiver of right of respondent Salix Capital US, Inc. to respond filed.
Nov 14 2016Waiver of right of respondent The City of Philadelphia, PA Intergovernmental Cooperation Authority to respond filed.
Nov 29 2016Consent to the filing of amicus curiae briefs, in support either party or of neither party, received from counsel for petitioner.
Dec 2 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Dec 9 2016Brief of respondent National Credit Union Administration Board as Liquidating Agent in opposition filed.
Dec 9 2016Brief of respondents Ellen Gelboim, et al. in opposition filed.
Dec 9 2016Brief amici curiae of Financial Industry Associations filed.
Dec 9 2016Brief amici curiae of Antitrust Scholars filed.
Dec 28 2016DISTRIBUTED for Conference of January 13, 2017.
Dec 28 2016Reply of petitioners Bank of America Corporation, et al. filed. (Distributed)
Jan 17 2017Petition DENIED.