No. 21-1243

City of Oakland, California v. Oakland Raiders, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-14
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: antitrust-standing associated-general-contractors clayton-act judicial-limits lexmark-international proximate-cause prudential-balancing zone-of-interests
Key Terms:
Antitrust Trademark JusticiabilityDoctri
Latest Conference: 2022-09-28 (distributed 2 times)
Question Presented (AI Summary)

May a court deny a plaintiff with an antitrust injury proximately caused by a defendant's antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of 'antitrust standing?

Question Presented (OCR Extract)

QUESTION PRESENTED In Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S. 118, 126 (2014), this Court considered a multifactor balancing test of prudential standing that the lower courts had been applying to deny a cause of action to injured plaintiffs under the Lanham Act. The lower courts had purported to draw this multifactor test from this Court’s decisions regarding statutory standing under the antitrust laws—particularly Associated General Contractors of California, Inc. v. California State Council of Carpenters (AGC), 459 U.S. 519 (1983). But in Lexmark, this Court unanimously held that the lower courts had misunderstood AGC, rejected the multifactor test that they were applying, and clarified that federal courts have no power to deny injured plaintiffs a cause of action merely because “prudence’ dictates.” 572 U.S. at 128. Instead, this Court made it very clear that— on a proper understanding of AGC—the only appropriate limits on statutory standing for a plaintiff with actual injury were (1) the zone-of-interests test and (2) the requirement that a plaintiff show proximate cause. In the near decade since Lexmark, however, the lower courts have continued applying the very same test this Court invalidated in the Lanham Act context to claims under the antitrust laws—refusing to acknowledge either the reading of AGC or the limits on judge-made prudential “standing” rules that Lexmark laid out. The question presented is: May a court deny a plaintiff with an antitrust injury proximately caused by a defendant’s antitrust violation a Clayton Act cause of action based on a multifactor, prudential balancing test of “antitrust standing”?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-07-13
Reply of petitioner City of Oakland filed. (Distributed)
2022-06-27
Brief of respondents Oakland Raiders, et al. in opposition filed.
2022-05-17
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022.
2022-05-16
Motion to extend the time to file a response from May 26, 2022 to June 27, 2022, submitted to The Clerk.
2022-04-26
Response Requested. (Due May 26, 2022)
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
Waiver of right of respondent Oakland Raiders, et al. to respond filed.
2022-04-13
Brief amici curiae of Sports Economists filed.
2022-04-12
Brief amicus curiae of Ruth Henricks filed.
2022-04-11
Brief amicus curiae of Open Markets Institute filed.
2022-03-10
Petition for a writ of certiorari filed. (Response due April 13, 2022)
2022-02-22
Application (21A438) granted by Justice Kagan extending the time to file until April 1, 2022.
2022-02-17
Application (21A438) to extend the time to file a petition for a writ of certiorari from March 2, 2022 to April 1, 2022, submitted to Justice Kagan.

Attorneys

City of Oakland
Thomas C. GoldsteinGoldstein & Russell, P.C., Petitioner
Oakland Raiders, et al.
Daniel Brian AsimowArnold & Porter Kaye Scholer LLP, Respondent
Open Markets Institute
Andrew Arthur SchmidtTowards Justice, Amicus
Ruth Henricks
Michael J. AguirreAguirre & Severson, LLP, Amicus
Sports Economists
Robert E. LitanBerger Montague PC, Amicus
Daniel John WalkerBerger Montague PC, Amicus