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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: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before, and down for a business respondent.

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

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 10, 2024 · Certiorari denied

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)