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Right Field Rooftops, LLC, et al. v. Chicago Cubs Baseball Club, LLC, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-3582 · judgment September 1, 2017

Certiorari denied · June 11, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a business respondent.

Question presented

Whether a monopolization or attempted monopolization of rooftop businesses by the owner of a neighboring baseball franchise is exempted from the Sherman Antitrust Act as “the business of professional baseball.” Whether this Court’s decision in Federal Baseball Club, Inc. v. National League of Professional Baseball Clubs, 259 U.S. 200 (1922) and its progeny that “the business of professional baseball” is exempted from the Sherman Antitrust Act and all antitrust laws should be reversed.

Counsel of record

For petitioner
James Robert Figliulo
Smith, Gambrell & Russell, LLP

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history
Distributed for 5 conferences

Linked docket
17A706

Proceedings

  1. Jun 11 2018
    Petition DENIED.
  2. Jun 04 2018
    DISTRIBUTED for Conference of 6/7/2018.
  3. May 30 2018
    Rescheduled.
  4. May 29 2018
    DISTRIBUTED for Conference of 5/31/2018.
  5. May 23 2018
    Rescheduled.
  6. May 21 2018
    DISTRIBUTED for Conference of 5/24/2018.
  7. May 15 2018
    Rescheduled.
  8. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  9. Apr 16 2018
    Brief of respondents Chicago Baseball Holdings, LLC, et al. in opposition filed.
  10. Feb 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2018.
  11. Feb 27 2018
    Motion to extend the time to file a response from March 15, 2018 to April 16, 2018, submitted to The Clerk.
  12. Feb 13 2018
    Response Requested. (Due March 15, 2018)
  13. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  14. Feb 01 2018
    Waiver of right of respondents Chicago Baseball Holdings, LLC, et al. to respond filed.
  15. Jan 26 2018
    Petition for a writ of certiorari filed. (Response due March 1, 2018)
  16. Jan 04 2018
    Application (17A706) granted by Justice Kagan extending the time to file until January 29, 2018.
  17. Dec 27 2017
    Application (17A706) to extend the time to file a petition for a writ of certiorari from January 15, 2018 to January 29, 2018, submitted to Justice Kagan.
    Main DocumentLower Court Orders/OpinionsProof of Service