Public-domain · open source
OpenJurist

Circuit split · antitrust law

Whether a state's conduct under the tobacco Master Settlement Agreement is entitled to Parker state-action immunity from federal antitrust liability

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

  1. Sanders v. Brown504 F3D 903

    Ninth Circuit Court of Appeals · September 26, 2007

    “10 Accordingly, we decline to follow the Third Circuit and instead hold that the state is entitled to Parker immunity in this case.” — Declines to follow another circuit
    Empirical analysis of this case →

What the split turns on

Anchor precedents:
Parker ·
Fisher ·
Midcal ·
Schwegmann Bros. v. Calvert Distillers Corp.341 U.S. 384 ·
324 Liquor ·
Miller
Doctrines & tests:
Parker state-action immunity ·
hybrid restraint ·
Noerr-Pennington immunity doctrine ·
per se rule

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.