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

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)
02/24/2012Application (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.
02/29/2012Application (11A811) granted by Justice Thomas extending the time to file until March 23, 2012.
03/23/2012Petition for a writ of certiorari filed. (Response due April 23, 2012)
04/10/2012Waiver of right of respondents HCA, Inc. and Palmyra Park Hospital, Inc. to respond filed.
04/18/2012Order extending time to file response to petition to and including May 23, 2012, for all respondents.
05/18/2012Brief of respondents Hospital Authority of Albany-Dougherty County, et al. in opposition filed.
05/29/2012DISTRIBUTED for Conference of June 14, 2012.
05/30/2012Response Requested . (Due June 29, 2012)
06/01/2012Letter of June 1, 2012, from counsel for respondents HCA, Inc. and Palmyra Park Hospital, Inc. received.
06/04/2012Reply of petitioner Federal Trade Commission filed.
06/05/2012DISTRIBUTED for Conference of June 21, 2012.
06/25/2012Petition GRANTED.
07/12/2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2012.
07/12/2012The time to file respondents' brief on the merits is extended to and including October 1, 2012.
07/25/2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
08/20/2012Joint appendix filed. (Statement of costs received.)
08/20/2012Brief of petitioner Federal Trade Commission filed.
08/20/2012Brief amici curiae of Economics Professors filed.
08/27/2012Brief amici curiae of American Medical Association, et al. in support of neither party filed.
08/27/2012Brief amicus curiae of American Antitrust Institute filed.
08/27/2012Brief amici curiae of Joseph Stubbs, M.D.,and Dr. Corleen Thompson filed.
08/27/2012Brief amici curiae of Illinois, et al. filed.
08/27/2012Brief amicus curiae of Federation of Independent Business filed.
09/14/2012SET FOR ARGUMENT On Monday, NOVEMBER 26, 2012.
09/14/2012CIRCULATED
09/27/2012Record received from U.S.C.A. for 11th Circuit. (1 envelope)
10/01/2012Brief of respondents Phoebe Putney Health System, Inc., et al. filed. (Distributed)
10/09/2012Brief amicus curiae of Lee Memorial Health System filed. (Distributed)
10/09/2012Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
10/09/2012Brief amici curiae of Georgia Alliance of Community Hospitals, Inc., et al. filed. (Distributed)
10/10/2012Record received from U.S.D.C. for Middle District of Georgia. (2 boxes)
10/31/2012Reply of petitioner Federal Trade Commission filed. (Distributed)
11/26/2012Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.
02/19/2013Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
03/25/2013JUDGMENT ISSUED.
04/18/2013Record returned to U.S.C.A. for 11th Circuit.
04/18/2013Record returned to U.S.D.C. for Middle District of Georgia.

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.