Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

Retractable Technologies, Inc. v. Becton, Dickinson and Co.

Petition for certiorari denied on March 20, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-953 5th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether and when false commercial speech gives rise to antitrust liability; and specifically whether, if a party knowingly lies about its competitors' products, has a specific intent to become, and a reasonable probability of becoming, a monopolist and harms competition (all as a found by the jury), that party's false commercial speech can support a claim of attempted monopolization under Sherman Act § 2; and (2) whether tainting the market with the sale of malfunctioning products constitutes exclusionary conduct.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 31 2017Petition for a writ of certiorari filed. (Response due March 3, 2017)
Feb 15 2017Brief of respondent Becton, Dickinson and Company in opposition filed.
Feb 27 2017Brief amicus curiae of The Committee to support the Antitrust Laws filed.
Feb 28 2017Reply of petitioners Retractable Technologies, Inc., et al. filed.
Feb 28 2017Brief amici curiae of US Inventor, Inc.et al. filed.
Feb 28 2017Brief amici curiae of Law Professors and Economics Professors filed.
Mar 1 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017Petition DENIED.
 
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