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Brennan v. Concord EFS, Inc.

Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-63 9th Cir. N/A N/A N/A N/A OT 2013

Issue: Whether a plaintiff who purchases directly from a member of a price-fixing conspiracy is necessarily a “direct purchaser” under Illinois Brick Co. v. Illinois(as the Third and Seventh Circuits have held), or whether instead the plaintiff must show that the conspirators agreed to set the specific price the plaintiff paid and not merely that the conspiracy inflated that price by anticompetitive means (as the Ninth Circuit held below).

DateProceedings and Orders (key to color coding)
May 31 2013Application (12A1161) to extend the time to file a petition for a writ of certiorari from June 11, 2013 to July 11, 2013, submitted to Justice Kennedy.
Jun 4 2013Application (12A1161) granted by Justice Kennedy extending the time to file until July 11, 2013.
Jul 1 2013Application (12A1161) to extend further the time from July 11, 2013 to August 9, 2013, submitted to Justice Kennedy.
Jul 9 2013Application (12A1161) denied by Justice Kennedy.
Jul 11 2013Petition for a writ of certiorari filed. (Response due August 12, 2013)
Aug 5 2013Order extending time to file response to petition to and including August 28, 2013, for all respondents.
Aug 12 2013Brief amicus curiae of NACS - National Association of Convenience Stores filed.
Aug 28 2013Brief of respondent JPMorgan Chase Bank, N.A., successor-in-interest to Bank One, N.A. in opposition filed.
Sep 10 2013Reply of petitioners Pamela Brennan, et al. filed.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED. Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.