|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-349||9th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel for the respondent in this case.
Issues: (1) Whether a jury verdict finding a defendant liable under Section 2 of the Sherman Act for refusing to deal or cooperate with a competitor may be upheld when the jury was not instructed (a) that a monopolist has no general duty to deal with its business rivals or (b) that the plaintiff must prove that the refusal was contrary to the defendant’s short-run interests; and (2) whether an impact on a single firm’s output can give rise to a presumption of injury to competition under Section 2 of the Sherman Act, even when marketwide output is increasing.
|Date||Proceedings and Orders |
|Apr 26 2019||Application (18A1364) to extend the time to file a petition for a writ of certiorari from July 17, 2019 to September 15, 2019, submitted to Justice Kagan.|
|Jun 27 2019||Application (18A1364) granted by Justice Kagan extending the time to file until September 15, 2019.|
|Sep 13 2019||Petition for a writ of certiorari filed. (Response due October 17, 2019)|
|Sep 18 2019||Brief of respondent Trendsettah USA, Inc., et al. in opposition filed.|
|Oct 02 2019||DISTRIBUTED for Conference of 10/18/2019.|
|Oct 02 2019||Reply of petitioner Swisher International, Inc. filed. (Distributed)|
|Oct 02 2019||Brief amicus curiae of Washington Legal Foundation filed. (Distributed)|
|Oct 09 2019||Brief amicus curiae of Dr. Janusz A. Ordover filed. (Distributed)|
|Oct 21 2019||Petition DENIED.|