Visa, Inc. v. Osborn

Writ of certiorari dismissed as improvidently granted on November 17, 2016.

Consolidated with:

Docket No.
Op. Below
Argument
Dec 7, 2016
Opinion
TBD
Vote
TBD
Author
TBD
Term

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

Issue: Whether allegations that members of a business association agreed to adhere to the association’s rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the court of appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 18 2015Application (15A653) to extend the time to file a petition for a writ of certiorari from December 27, 2015 to January 27, 2016, submitted to The Chief Justice.
Dec 22 2015Application (15A653) granted by The Chief Justice extending the time to file until January 27, 2016.
Jan 27 2016Petition for a writ of certiorari filed. (Response due February 29, 2016)
Feb 11 2016Order extending time to file response to petition to and including March 30, 2016.
Feb 29 2016Brief amici curiae of American Society of Association Executives filed.
Feb 29 2016Brief amici curiae of Antitrust Law Professors filed.
Mar 30 2016Brief of respondents Sam Osborn, Andrew Mackmin, Barbara Inglis in opposition filed. VIDED.
Apr 11 2016Reply of petitioners Visa Inc., et al. filed.
Apr 13 2016DISTRIBUTED for Conference of April 29, 2016.
May 2 2016Rescheduled.
May 31 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016Petition GRANTED The petition for a writ of certiorari in No. 15-962 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Aug 5 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2016. VIDED
Aug 5 2016The time to file respondents' briefs on the merits is extended to and including October 17, 2016. VIDED
Aug 31 2016Motion to dispense with printing the joint appendix filed by petitioners Visa Inc., et al. VIDED.
Aug 31 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioners. VIDED
Sep 1 2016Brief of petitioners Visa Inc., et al. filed. VIDED.
Sep 8 2016Brief amici curiae of Chamber of the United States of America, et al. filed. VIDED.
Sep 8 2016Brief amici curiae of American Society of Association Executives, et al. filed. VIDED.
Sep 8 2016Brief amici curiae of Antitrust Law Professors filed. VIDED.
Sep 8 2016Brief amici curiae of Financial Industry Associations filed. VIDED.
Oct 3 2016Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED
Oct 17 2016Brief of respondents Consumer Respondents filed. VIDED.
Oct 17 2016Brief of the Non-Consumer Respondents filed. VIDED.
Oct 20 2016Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. VIDED.
Oct 21 2016SET FOR ARGUMENT on Wednesday, December 7, 2016. VIDED
Oct 24 2016Brief amicus curiae of United States filed. VIDED.
Oct 24 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 24 2016Brief amicus curiae of Public Justice, P.C. filed. VIDED.
Oct 24 2016Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)
Oct 24 2016Brief amici curiae of Antitrust Law Professors and Economists filed. VIDED. (Distributed)
Oct 24 2016Brief amici curiae of National Retail Federation, et al. filed. VIDED. (Distributed)
Oct 24 2016Brief amicus curiae of ATM Industry Association filed. VIDED. (Distributed)
Oct 26 2016CIRCULATED.
Nov 1 2016Record requested from the U.S.C.A. District of Columbia Circuit.
Nov 4 2016Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.
Nov 4 2016Record received from U.S.C.A. District of Columbia Circuit is electronic and located on PACER. Also received are the oral argument transcripts, this record is electronic.
Nov 14 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2016Reply of petitioners Visa Inc., et al. filed. VIDED. (Distributed)
Nov 17 2016Writ of certiorari DISMISSED as improvidently granted. These cases were granted to resolve “[w]hether allegations that members of a business association agreed to adhere to the association’s rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act..” Pet. for Cert. in No. 15-961, p. i, and No. 15-962, p. I. After “[h]aving persuaded us to grant certiorari” on this issue, however, petitioners “chose to rely on a different argument” in their merits briefing. City and County of San Francisco v. Sheehan, 575 U. S. __, (2015) (slip op., at 7). The Court, therefore, orders that the writs in these cases be dismissed as improvidently granted. VIDED.
Dec 19 2016JUDGMENT ISSUED.

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