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Dru Choker, et al. v. National Veterinary Associates, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35650, 22-35698, 22-35711 · judgment December 26, 2023


Certiorari denied · June 10, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a party injured by antitrust behavior leading to a monopolistic end has standing for damage relief under the Sherman Act’s 15 U.S.C. §§ 1, 2, and 15. Whether the court or a jury determines when conspirators’ violation of the antitrust act is sufficiently “impending” to inflict injury allowing for damages under the Sherman Act’s 15 U.S.C. §§ 1, 2, and 15.

Counsel of record

For petitioner
Mary E. Schultz
Mary Schultz Law, P.S.

For respondent
Brian William Esler
Miller Nash LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 10 2024
    Petition DENIED.
  2. May 21 2024
    DISTRIBUTED for Conference of 6/6/2024.
  3. May 13 2024
    Waiver of right of respondent National Veterinary Associates, Inc. to respond filed.
  4. May 07 2024
    Waiver of right of respondent PET EMERGENCY CLINIC, P.S. to respond filed.
  5. May 01 2024
    Petition for a writ of certiorari filed. (Response due June 3, 2024)