Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

S&M Brands, Inc. v. Caldwell

Petition for certiorari denied on March 7, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-622 5th Cir. N/A N/A N/A N/A OT 2010
 
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Issue: (1) Whether a binding agreement among multiple states and private companies is immunized from antitrust scrutiny under the state-action immunity doctrine of Parker v. Brown (1943); and (2) whether a binding agreement among multiple states, with both intra- and interstate effects, violates the Compact Clause, Article I, § 10, cl. 3 of the United States Constitution, in the absence of congressional approval.

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