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Evergreen Partnering Group, Inc. v. Pactiv Corp.

Petition for certiorari denied on October 2, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1148 1st Cir. N/A N/A N/A N/A OT 2017

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issues: (1) Whether Eastman Kodak Industry Co. v. Image Technical Services, Inc.'s Rule 56 standard or the more stringent “tends to exclude the possibility of independent action” standard articulated in Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp. applies where the alleged conduct, unlike in Matsushita, is not inherently pro-competitive and is not economically or otherwise irrational; and (2) whether the U.S. Court of Appeals for the 1st Circuit improvidently applied the heightened “tends to exclude” test to the petitioner's concerted refusal to deal claim, in circumstances in which it is not warranted, and thus erroneously denied the plaintiff its right to have its case heard by the trier of fact.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 28 2016Application (16A658) to extend the time to file a petition for a writ of certiorari from January 16, 2017 to March 17, 2017, submitted to Justice Breyer.
Jan 05 2017Application (16A658) granted by Justice Breyer extending the time to file until March 17, 2017.
Mar 17 2017Petition for a writ of certiorari filed. (Response due April 21, 2017)
Mar 30 2017Waiver of right of respondent Pactiv Corporation to respond filed.
Mar 30 2017Waiver of right of respondent American Chemistry Council, Incorporated, an association to respond filed.
Mar 31 2017Waiver of right of respondents Dart Container Corp. and Solo Cup, Co. to respond filed.
Mar 31 2017Waiver of right of respondent Dolco Packaging, a Tekni-Plex Company to respond filed.
Apr 21 2017Brief amici curiae of Law Professors and Antitrust/Industrial Organization Scholars filed.
May 09 2017DISTRIBUTED for Conference of May 25, 2017.
May 16 2017Response Requested. (Due June 15, 2017)
Jun 07 2017Order extending time to file response to petition to and including July 17, 2017.
Jul 17 2017Brief of respondents Pactiv Corporation, et al. in opposition filed.
Aug 02 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 14 2017Reply of petitioner Evergreen Partnering Group, Inc. filed. (Distributed)
Oct 02 2017Petition DENIED.
Term Snapshot
At a Glance