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Visa, Inc. v. Osborn
Writ of certiorari dismissed as improvidently granted on November 17, 2016.Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-961 | 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.
SCOTUSblog Coverage
- Shifting arguments bring dismissal of challenge to ATM class actions (UPDATED) (Ronald Mann, November 18, 2016)
- Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)
| Date | Proceedings and Orders |
|---|---|
| Dec 18 2015 | Application (15A653) 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 (15A653) 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. |
| Feb 29 2016 | Brief amici curiae of American Society of Association Executives filed. |
| Feb 29 2016 | Brief amici curiae of Antitrust Law Professors filed. |
| Mar 30 2016 | Brief of respondents Sam Osborn, Andrew Mackmin, Barbara Inglis 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 2 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. 15-962 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Aug 5 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2016. VIDED |
| Aug 5 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 1 2016 | Brief of petitioners Visa Inc., et al. filed. VIDED. |
| Sep 8 2016 | Brief amici curiae of Chamber of the United States of America, et al. filed. VIDED. |
| Sep 8 2016 | Brief amici curiae of American Society of Association Executives, et al. filed. VIDED. |
| Sep 8 2016 | Brief amici curiae of Antitrust Law Professors filed. VIDED. |
| Sep 8 2016 | Brief amici curiae of Financial Industry Associations filed. VIDED. |
| Oct 3 2016 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED |
| Oct 17 2016 | Brief of respondents 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 21 2016 | SET FOR ARGUMENT on Wednesday, December 7, 2016. VIDED |
| Oct 24 2016 | Brief amicus curiae of United States filed. 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 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 1 2016 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| Nov 4 2016 | Record received from the U.S.D.C. District of Columbia is electronic and located on PACER. |
| Nov 4 2016 | Record received from U.S.C.A. District of Columbia Circuit is electronic and located on PACER. Also received are the oral argument transcripts, this record is electronic. |
| 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 associations 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. |
