Issue: Whether a plaintiff who purchases directly from a
member of a price-fixing conspiracy is necessarily a “direct
purchaser” under Illinois Brick Co. v. Illinois(as the Third and
Seventh Circuits have held), or whether instead the
plaintiff must show that the conspirators agreed to set
the specific price the plaintiff paid and not merely that
the conspiracy inflated that price by anticompetitive
means (as the Ninth Circuit held below).
Proceedings and Orders
May 31 2013
Application (12A1161) to extend the time to file a petition for a writ of certiorari from June 11, 2013 to July 11, 2013, submitted to Justice Kennedy.
Jun 4 2013
Application (12A1161) granted by Justice Kennedy extending the time to file until July 11, 2013.
Jul 1 2013
Application (12A1161) to extend further the time from July 11, 2013 to August 9, 2013, submitted to Justice Kennedy.
On Monday at 9:30 a.m. we expect additional orders from the November 25 Conference. (Lyle covered the grants that were issued after that Conference last Tuesday.) Monday is also the first day of the Court's December sitting. The hearing list is here. On Tuesday we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging here shortly before 10.
King v. Burwell Availability of federal tax subsidies to individuals who purchase health insurance on an exchange operated by the federal government
Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.