· 1/20/2004
Eastern Food Services, Inc. v. Pontifical Catholic University Services Ass'n
Citations
- 357 F.3d 1
- 2004 U.S. App. LEXIS 764
- 2004 WL 110844
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- elaborating “it is widely recognized that in many circumstances [exclusivity contracts] may be highly efficient — to assure supply, price stability, outlets, investment, best efforts or the like-and pose no competitive threat at all.”
- dismissing section 1 claim for failure to allege an economic market
- permission to amend complaint “often granted not only pretrial but after dismissal for failure to state a claim where court thinks that the case has some promise”
- A well-founded fear of future 8 persecution “requires that the alien present credible 9 testimony that he subjectively fears persecution and 10 establish that his fear is objectively reasonable.”
- “The university, like most landlords, controls who may set up shop on its premises. It could act as the sole on-campus supplier of food and beverages, allow multiple suppliers, or give exclusive access to one supplier.”
- “[T]he cases . . . say that it is not enough 5 merely to allege a violation in conclusory terms, that the complaint must make out the rudiments 6 of a valid claim, and that discovery is not for fishing expeditions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Torruella, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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