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

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Docket No. Op. Below Argument Opinion Vote Author Term
11-1160 11th Cir. Nov 26, 2012 Feb 19, 2013 9-0 Sotomayor OT 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 Justice Sotomayor on February 19, 2013.

SCOTUSblog Coverage

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