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Federal Trade Commission v. Phoebe Putney Health System, Inc.

Docket No.11-1160
Op. Below11th Cir.
ArgumentNov 26, 2012

Holding

Because Georgia has not clearly articulated and affirmatively expressed a policy allowing hospital authorities to make acquisitions that substantially reduce competition, state-action immunity does not apply.

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on Feb 19, 2013.

Holding: Because Georgia has not clearly articulated and affirmatively expressed a policy allowing hospital authorities to make acquisitions that substantially reduce competition, state-action immunity does not apply.

Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on February 19, 2013.

Proceedings & orders timeline

Feb 24, 2012
Application (11A811) to extend the time to file a petition for a writ of certiorari from March 8, 2012 to March 23, 2012, submitted to Justice Thomas.
Feb 29, 2012
Application (11A811) granted by Justice Thomas extending the time to file until March 23, 2012.
Mar 23, 2012
Petition for a writ of certiorari filed. (Response due April 23, 2012)
Apr 10, 2012
Waiver of right of respondents HCA, Inc. and Palmyra Park Hospital, Inc. to respond filed.
Apr 18, 2012
Order extending time to file response to petition to and including May 23, 2012, for all respondents.
May 18, 2012
Brief of respondents Hospital Authority of Albany-Dougherty County, et al. in opposition filed.
May 29, 2012
DISTRIBUTED for Conference of June 14, 2012.
May 30, 2012
Response Requested . (Due June 29, 2012)
Jun 1, 2012
Letter of June 1, 2012, from counsel for respondents HCA, Inc. and Palmyra Park Hospital, Inc. received.
Jun 4, 2012
Reply of petitioner Federal Trade Commission filed.
Jun 5, 2012
DISTRIBUTED for Conference of June 21, 2012.
Jun 25, 2012
Petition GRANTED.
Jul 12, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2012.
Jul 12, 2012
The time to file respondents' brief on the merits is extended to and including October 1, 2012.
Jul 25, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 20, 2012
Joint appendix filed. (Statement of costs received.)
Aug 20, 2012
Brief of petitioner Federal Trade Commission filed.
Aug 20, 2012
Brief amici curiae of Economics Professors filed.
Aug 27, 2012
Brief amici curiae of American Medical Association, et al. in support of neither party filed.
Aug 27, 2012
Brief amicus curiae of American Antitrust Institute filed.
Aug 27, 2012
Brief amici curiae of Joseph Stubbs, M.D.,and Dr. Corleen Thompson filed.
Aug 27, 2012
Brief amici curiae of Illinois, et al. filed.
Aug 27, 2012
Brief amicus curiae of Federation of Independent Business filed.
Sep 14, 2012
SET FOR ARGUMENT On Monday, NOVEMBER 26, 2012.
Sep 14, 2012
CIRCULATED
Sep 27, 2012
Record received from U.S.C.A. for 11th Circuit. (1 envelope)
Oct 1, 2012
Brief of respondents Phoebe Putney Health System, Inc., et al. filed. (Distributed)
Oct 9, 2012
Brief amicus curiae of Lee Memorial Health System filed. (Distributed)
Oct 9, 2012
Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
Oct 9, 2012
Brief amici curiae of Georgia Alliance of Community Hospitals, Inc., et al. filed. (Distributed)
Oct 10, 2012
Record received from U.S.D.C. for Middle District of Georgia. (2 boxes)
Oct 31, 2012
Reply of petitioner Federal Trade Commission filed. (Distributed)
Nov 26, 2012
Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.
Feb 19, 2013
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Mar 25, 2013
JUDGMENT ISSUED.
Apr 18, 2013
Record returned to U.S.C.A. for 11th Circuit.
Apr 18, 2013
Record returned to U.S.D.C. for Middle District of Georgia.

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