from the United States Court of Appeals for the Second Circuit
See other cases from the Second Circuit.
Record from the U.S.C.A. 2nd Circuit has been returned.
JUDGMENT ISSUED.
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Argued. For petitioners and state respondents in support: Eric E. Murphy, State Solicitor, Columbus, Ohio. For respondent United States in support of petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Evan R. Chesler, New York, N. Y.
Motion for divided argument filed by the Solicitor General GRANTED.
Reply of respondent United States filed. (Distributed)
Record received from the U.S. Dist. Court Eastern Dist. of New York. The record has some Sealed Documents and is electronic.
Reply of petitioners Ohio, et al. filed. (Distributed)
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed)
Brief amici curiae of Prof. David S. Evans and Prof. Richard Schmalensee filed. (Distributed)
Brief amicus curiae of The Australian Taxpayers' Alliance filed. (Distributed)
Brief amici curiae of J. Gregory Sidak and Robert D. Willig filed. (Distributed)
Brief amici curiae of Antitrust Law & Economics Scholars filed. (Distributed)
Brief amicus curiae of The Clearing House Association L.L.C. filed. (Distributed)
Record received from the U.S.C.A. 2nd Circuit 1 box, this record is Sealed.
Motion for divided argument filed by the Solicitor General.
Brief of respondents American Express Co., et al. filed. (Distributed)
Record received from the U.S.C.A. 2nd Circuit is electronic.
Record requested from the U.S.C.A. 2nd Circuit.
CIRCULATED
SET FOR ARGUMENT ON Monday, February 26, 2018.
Brief amicus curiae of Open Markets Institute filed.
Brief amici curiae of John M. Connor, et al. filed.
Brief amicus curiae of Verizon Communications Inc. in support of neither party filed.
Brief amici curiae of 28 Professors of Antitrust Law filed.
Brief amici curiae of American Medical Association and Ohio State Medical Association filed.
Brief amicus curiae of The Merchant Advisory Group filed.
Brief amici curiae of Wal-Mart Stores, Inc., The Home Depot, Inc., Target Corporation, Sears Holding Management Corporation, Jo-Ann Stores, LLC, and Merchant Trade Associations filed.
Brief amicus curiae of American Antitrust Institute filed.
Brief amici curiae of New York, Alaska, California, Delaware, Hawai‘i, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, South Carolina, Washington, Wisconsin, and the District of Columbia filed.
Brief amici curiae of United States Public Interest Research Group Education Fund, Inc.; Center for Responsible Lending; Consumer Federation of America; Consumers Union; National Association of Consumer Advocates; National Consumer Law Center; Public Citizen, Inc. filed.
Brief amicus curiae of Discover Financial Services filed.
Brief amici curiae of International Air Transport Association and Airlines for America filed.
Amicus brief of 27 Professors of Antitrust Law not accepted for filing. (December 15, 2017)
Brief amici curiae of Ahold U.S.A., Inc.; Albertsons LLC; The Great Atlantic and Pacific Tea Company, Inc.; H.E. Butt Grocery Co.; Meijer, Inc.; Publix Super Markets, Inc.; Raley's; Rite Aid Corporation; Safeway, Inc.; Supervalu, Inc.; and Walgreen Co. filed.
Brief amicus curiae of The Australian Retailers Association filed.
Brief amici curiae of 20 Merchants as Amici Curiae in Support of Petitioners filed.
Blanket Consent filed by Respondent, State of Nebraska
Blanket Consent filed by Respondent, State of Tennessee
Brief of respondent United States in support of petitioners filed.
Joint appendix filed. (Statement of costs filed.)
Brief of petitioners Ohio, et al. filed.
Blanket Consent filed by Respondent, State of Missouri
Blanket Consent filed by Respondents, American Express Co., et al.
Blanket Consent filed by Respondent, United States
Petition GRANTED.
Reply of petitioner Ohio, et al. filed. (Distributed)
Brief of respondent American Express Company in opposition filed.
Brief of respondent United States in opposition filed.
Brief amicus curiae of Discover Financial Services filed.
Brief amici curiae of Ahold U.S.A., Inc., et al. filed.
Order further extending time to file the response of American Express Company, et al. to petition to and including August 21, 2017.
Brief amici curiae of Former Federal Antitrust Officials filed.
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Brief amici curiae of John M. Connor, et al. filed.
Brief amici curiae of 25 Professors of Antitrust law filed.
Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed.
Brief amicus curiae of Southwest Airlines Co. filed.
Order extending time to file response to petition to and including August 7, 2017, for all respondents.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Missouri.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent State of Nebraska.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents American Express Company, et al.
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent State of Arizona.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent United States.
Waiver of right of respondent State of Tennessee to respond filed.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Texas.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State petitioners Ohio, Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Rhode Island, Utah and Vermont.
Petition for a writ of certiorari filed. (Response due July 6, 2017)
Application (16A923) granted by Justice Ginsburg extending the time to file until June 2, 2017.
Application (16A923) to extend further the time from May 5, 2017 to June 2, 2017, submitted to Justice Ginsburg.
Application (16A923) granted by Justice Ginsburg extending the time to file until May 5, 2017.
Application (16A923) to extend the time to file a petition for a writ of certiorari from April 5, 2017 to May 5, 2017, submitted to Justice Ginsburg.
American Express Co., et al., Respondent, represented by Evan R. Chesler
State of Arizona, Respondent, represented by Nancy Bonnell
State of Missouri, Respondent, represented by Joseph Schlotzhauer
State of Nebraska, Respondent, represented by David Andrew Lopez
State of Nebraska, Respondent, represented by Douglas J. Peterson
State of Tennessee, Respondent, represented by Joseph F. Whalen
State of Texas, Respondent, represented by David M. Ashton
State of Texas, Respondent, represented by Scott A. Keller
20 Merchants as Amici Curiae in Support of Petitioners, Amicus Curiae, represented by George D. Ruttinger
25 Professors of Antitrust law, Amicus Curiae, represented by Eric F. Citron
27 Professors of Antitrust Law, Amicus Curiae, represented by Eric F. Citron
Ahold U.S.A., Inc.; Albertsons LLC; The Great Atlantic and Pacific Tea Company, Inc.; H.E. Butt Grocery Co.; Meijer, Inc.; Publix Super Markets, Inc.; Raley's; Rite Aid Corporation; Safeway, Inc.; Supervalu, Inc.; and Walgreen Co., Amicus Curiae, represented by Paul Ethan Slater
Ahold U.S.A., Inc., et al., Amicus Curiae, represented by Richard Alan Arnold
American Antitrust Institute, Amicus Curiae, represented by Richard M. Brunell
American Medical Association and Ohio State Medical Association, Amicus Curiae, represented by Matthew L. Cantor
Antitrust Law & Economic Scholars, Amicus Curiae, represented by Jonathan M. Jacobson
Computer & Communications Industry Association, Amicus Curiae, represented by Neal Kumar Katyal
Discover Financial Services, Amicus Curiae, represented by Andrew C. Nichols
Discover Financial Services, Amicus Curiae, represented by Elizabeth Petrela Papez
Former Federal Antitrust Officials, Amicus Curiae, represented by Deepak Gupta
International Air Transport Association and Airlines for America, Amicus Curiae, represented by Donald I Baker
J. Gregory Sidak and Robert D. Willig, Amicus Curiae, represented by Robert Mark Langer
John M. Connor, et al., Amicus Curiae, represented by Anthony J. Bolognese
JOHN M. CONNOR, MARTIN GAYNOR, DANIEL MCFADDEN, ROGER NOLL, JEFFREY M. PERLOFF, JOSEPH A. STIGLITZ, LAWRENCE J. WHITE, AND RALPH A. WINTER, Amicus Curiae, represented by Anthony Joseph Bolognese
New York, Alaska, California, Delaware, Hawai‘i, Indiana, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, South Carolina, Washington, Wisconsin, and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood
Open Markets Institute, Amicus Curiae, represented by Deepak Gupta
Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Aaron Michael Streett
Prof. David S. Evans and Prof. Richard Schmalensee, Amicus Curiae, represented by Elai E Katz
Retail Litigation Center, Inc., Amicus Curiae, represented by Debra L. Greenberger
Southwest Airlines Co., Amicus Curiae, represented by Russell S. Post
The Australian Retailers Association, Amicus Curiae, represented by Robert N Kaplan
The Australian Taxpayers' Alliance, Amicus Curiae, represented by Kenneth Eng-Kong Lee
The Clearing House Association L.L.C., Amicus Curiae, represented by Richard S. Taffet
The Merchant Advisory Group, Amicus Curiae, represented by James A. Wilson
United States Public Interest Research Group Education Fund, Inc., Amicus Curiae, represented by Sharon K. Robertson
United States Public Interest Research Group Education Fund, Inc.; Center for Responsible Lending; Consumer Federation of America; Consumers Union; National Association of Consumer Advocates; National Consumer Law Center; Public Citizen, Inc., Amicus Curiae, represented by Sharon Kunjumon Robertson
VERIZON COMMUNICATIONS INC., Amicus Curiae, represented by Thomas Ryan McCarthy
Wal-Mart Stores, Inc., The Home Depot, Inc., Target Corporation, Sears Holding Management Corporation, Jo-Ann Stores, LLC, and Merchant Trade Associations, Amicus Curiae, represented by Mark Thomas Stancil