No. 19-533

River Birch, Incorporated, et al. v. Waste Management of Louisiana, L.L.C.

Lower Court: Fifth Circuit
Docketed: 2019-10-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: antitrust burden-of-proof circumstantial-evidence civil-procedure civil-rico evidence evidentiary-inference federal-rules federal-rules-of-civil-procedure matsushita-standard precedent rule-56 summary-judgment
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the holding in Matsushita Electrical Industrial Co. v. Zenith Radio Corp. that 'ambiguous' circumstantial evidence does not support an inference of wrongdoing is limited to the antitrust context or states a general summary judgment standard applicable to all cases under Federal Rule of Civil Procedure 56

Question Presented (OCR Extract)

QUESTION PRESENTED In Matsushita Electrical Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 588 (1986), this Court held that “ambiguous” circumstantial evidence— evidence that is “as consistent with” an innocent explanation as it is with liability—“does not, standing alone, support an inference” of wrongdoing. Instead, to survive summary judgment, a plaintiff must also present “evidence that tends to exclude” the innocent explanation. Jd. (quotation omitted). The question presented is whether that holding is limited to the antitrust context (as the court below held), or whether it instead states a general summary judgment standard applicable to all cases under Federal Rule of Civil Procedure 56.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent Waste Management of Louisiana, L.L.C. to respond filed.
2019-10-22
Petition for a writ of certiorari filed. (Response due November 22, 2019)
2019-09-09
Application (19A272) granted by Justice Alito extending the time to file until October 25, 2019.
2019-09-06
Application (19A272) to extend the time to file a petition for a writ of certiorari from September 26, 2019 to October 25, 2019, submitted to Justice Alito.

Attorneys

River Birch, Incorporated; Albert J. Ward, Jr.; Frederick R. Heebe; Highway 90, L.L.C.
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Anton MetlitskyO'Melveny & Myers, LLP, Petitioner
Waste Management of Louisiana, L.L.C.
Evan Andrew YoungBaker Botts, L.L.P., Respondent
Evan Andrew YoungBaker Botts, L.L.P., Respondent