In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
McCray v. Fidelity National Title Insurance Company
Petition for certiorari denied on February 19, 2013
Issue: Whether the filed-rate doctrine exempts a cartel from from federal antitrust damages liability for price-fixed rates filed with a state agency, given (a) there is no meaningful review of the filed rates by the agency, (b) the agency is unable to award retrospective compensatory relief for the unlawful conduct, and (c) the private cartel price-fixing would not be exempt under the state action doctrine due to lack of “active supervision” by the agency.