Visa, Inc. v. Stoumbos

Visa, Inc. v. Stoumbos

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Writ of certiorari dismissed as improvidently granted on November 17, 2016.

Consolidated with:

Visa, Inc. v. Osborn

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-962	D.C. Cir. _	Dec 7, 2016	TBD	TBD	TBD	OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issue: Whether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.

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Date	Proceedings and Orders (key to color coding)
Dec 18 2015	Application (15A654) to extend the time to file a petition for a writ of certiorari from December 27, 2015 to January 27, 2016, submitted to The Chief Justice.
Dec 22 2015	Application (15A654) granted by The Chief Justice extending the time to file until January 27, 2016.
Jan 27 2016	Petition for a writ of certiorari filed. (Response due February 29, 2016)
Feb 11 2016	Order extending time to file response to petition to and including March 30, 2016.
Mar 30 2016	Brief of respondents Mary Stoumbos, et al. in opposition filed. VIDED.
Apr 11 2016	Reply of petitioners Visa Inc., et al. filed.
Apr 13 2016	DISTRIBUTED for Conference of April 29, 2016.
May 02 2016	Rescheduled.
May 31 2016	DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016	DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016	DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016	Petition GRANTED The petition for a writ of certiorari in No. 15-961 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Aug 05 2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2016. VIDED
Aug 05 2016	The time to file respondents' briefs on the merits is extended to and including October 17, 2016. VIDED
Aug 31 2016	Motion to dispense with printing the joint appendix filed by petitioners Visa Inc., et al. VIDED.
Aug 31 2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioners. VIDED
Sep 01 2016	Brief of petitioners Visa Inc., et al. filed. VIDED.
Sep 08 2016	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 08 2016	Brief amici curiae of American Society of Association Executives, et al. filed. VIDED.
Sep 08 2016	Brief amici curiae of Antitrust Law Professors filed. VIDED.
Sep 08 2016	Brief amici curiae of Financial Industry Associations filed. VIDED.
Oct 03 2016	Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED
Oct 17 2016	Brief of Consumer Respondents filed. VIDED.
Oct 17 2016	Brief of the Non-Consumer Respondents filed. VIDED.
Oct 20 2016	Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. VIDED.
Oct 20 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for respondents.
Oct 21 2016	SET FOR ARGUMENT on Wednesday, December 7, 2016. VIDED
Oct 24 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 24 2016	Brief amicus curiae of United States filed. VIDED.
Oct 24 2016	Brief amicus curiae of Public Justice, P.C. filed. VIDED.
Oct 24 2016	Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)
Oct 24 2016	Brief amici curiae of Antitrust- Law Professors and Economists filed. VIDED. (Distributed)
Oct 24 2016	Brief amici curiae of National Retail Federation, et al. filed. VIDED. (Distributed)
Oct 24 2016	Brief amicus curiae of ATM Industry Association filed. VIDED. (Distributed)
Oct 26 2016	CIRCULATED.
Nov 01 2016	Record requested from the U.S.C.A. District of Columbia Circuit.
Nov 04 2016	Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.
Nov 14 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2016	Reply of petitioners Visa Inc., et al. filed. VIDED. (Distributed)
Nov 17 2016	Writ of certiorari DISMISSED as improvidently granted. These cases were granted to resolve "[w]hether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act." Pet. for Cert. in No. 15-961, p. i, and No. 15-962, p. I. After "[h]aving persuaded us to grant certiorari" on this issue, however, petitioners "chose to rely on a different argument" in their merits briefing. City and County of San Francisco v. Sheehan, 575 U. S. __, (2015) (slip op., at 7). The Court, therefore, orders that the writs in these cases be dismissed as improvidently granted. VIDED.
Dec 19 2016	JUDGMENT ISSUED.

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Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
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  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
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- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
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Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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