|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1098||9th Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issues: (1) Whether an agreement among the members of a joint venture on how best to distribute the venture’s jointly created core product may be condemned under the Sherman Act without requiring the plaintiff to establish that defendants harmed competition in a properly defined antitrust market; and (2) whether, notwithstanding the Supreme Court’s decision in Illinois Brick Co. v. Illinois, antitrust damages claims may be brought by indirect purchasers who do not allege that they paid a price fixed by the alleged conspirators.
|Date||Proceedings and Orders |
|Nov 27 2019||Application (19A606) to extend the time to file a petition for a writ of certiorari from January 8, 2020 to February 7, 2020, submitted to Justice Kagan.|
|Dec 02 2019||Application (19A606) granted by Justice Kagan extending the time to file until February 7, 2020.|
|Feb 07 2020||Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.|
|Feb 07 2020||Petition for a writ of certiorari filed. (Response due April 8, 2020)|
|Feb 19 2020||MOTION (19M107) DISTRIBUTED for Conference of 3/6/2020.|
|Mar 09 2020||Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.|
|Apr 07 2020||Waiver of right of respondents Ninth Inning, Inc., et al. to respond filed.|
|Apr 08 2020||DISTRIBUTED for Conference of 4/24/2020.|
|Apr 08 2020||Brief amicus curiae of The Chamber of Commerce of The United States of America filed.|
|Apr 08 2020||Brief amici curiae of Antitrust Law and Business School Professors and Economists filed.|
|Apr 08 2020||Brief amici curiae of Expert Antitrust Economists filed.|
|Apr 15 2020||Response Requested. (Due May 15, 2020)|
|Apr 23 2020||Motion to extend the time to file a response from May 15, 2020 to July 14, 2020, submitted to The Clerk.|
|Apr 24 2020||Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2020.|
|Jul 14 2020||Brief of respondents Ninth Inning, Inc., et al. in opposition filed.|
|Jul 15 2020||Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 29, 2020 to August 12, 2020, submitted to The Clerk.|
|Jul 17 2020||Motion to delay distribution of the petition for a writ certiorari until August 12, 2020, granted.|
|Aug 11 2020||Reply of petitioners National Football League, et al. filed. (Distributed)|
|Aug 12 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Oct 05 2020||DISTRIBUTED for Conference of 10/9/2020.|
|Oct 13 2020||DISTRIBUTED for Conference of 10/16/2020.|
|Oct 26 2020||DISTRIBUTED for Conference of 10/30/2020.|
|Nov 02 2020||Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition. Statement of Justice Kavanaugh respecting the denial of certiorari. (Detached Opinion)|
NEW: In Monday morning order list, the Supreme Court agrees to hear two new cases: Ysleta del Sur Pueblo v. Texas, and Denezpi v. United States. The full order list is here: https://www.supremecourt.gov/orders/courtorders/101821zor_4f14.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.
NEW: Biden's commission studying proposals for Supreme Court reform has released 200+ pages of "discussion materials" in advance of its final report, slated to be issued next month. The materials are divided into five categories and are available here: https://www.whitehouse.gov/pcscotus/public-meetings/october-15-2021-pcscotus-meeting/
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
Today at SCOTUS: The Biden administration will appear before the justices asking to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev -- despite Biden's campaign pledge to end the death penalty and the DOJ's recent moratorium on federal executions.
Brett Kavanaugh was back on the bench today after participating in last week's arguments remotely due to his positive COVID test. Here's the full nine-person bench, in a sketch by @Courtartist.