Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Oct 29, 2014)

This Antitrust Law Daily feature presents a chart highlighting the decisions, arguments, briefs, and petitions on antitrust and trade regulation issues before the October 2014 Term of the U.S. Supreme Court.

To date, there are 7 antitrust and trade regulation cases docketed for the October 2014 term and the Court has agreed to hear three of them, relating to antitrust. Six other cases, involving acquisitions and mergers, advertising, antitrust, consumer protection, and the Racketeer Influenced and Corrupt Organizations Act were denied certiorari.

On October 20, 2014, the Court declined to review the Sixth Circuit Court of Appeal’s decision in Ross v. Stooksbury, affirming that a fraudulent real-estate enterprise—through various sham entities—violated the Racketeer Influenced and Corrupt Organizations Act. The petition for certiorari asked: (1) whether the standing requirement for civil RICO claims under 18 USC Sec. 1964(c) is jurisdictional in nature under Article III of the United States Constitution, such that a RICO plaintiff must demonstrate both causation and injury under 18 USC Sec. 1964 in order to meet the threshold requirements of Article III; and (2) whether a plaintiff may assert a civil RICO claim based solely on a derivative injury as a minority shareholder in a limited liability company, where the LLC entity is not itself a party, and there is no direct injury to the plaintiff.

For details about this and other petitions and cases pending before the Supreme Court, please consult the chart of antitrust and trade regulation cases awaiting decision in the 2014 term. Issued opinions, granted petitions, and pending petitions are listed separately, along with a summary of the questions presented and the current status of the case.

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