Today’s Invitation Brief

The SG today filed an invitation brief today recommending that cert. be granted in No. 05-381, Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., which deals with what a plaintiff alleging predatory bidding must prove. Unless the SG files an invitation brief in No. 05-853, McGowan v. NJR Service Corporation (which is far from a certainty given that the Court only issued the CVSG in late March), this is likely to be the final invitation brief filed this Term.

(Many thanks to those of you who sent us an electronic copy of the brief, which is not yet available on the SG’s website.)