| 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. |
