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· 3/23/2003

Ice Cream Liquidation, Inc. v. Land O'Lakes, Inc.

Citations

  • 253 F. Supp. 2d 262
  • 2003 U.S. Dist. LEXIS 4786
  • 2003 WL 1679793

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, while filed rate doctrine does apply to challenges to milk pricing set under an FMMO, it does not apply to a challenge to a defendant’s artificially inflated wholesale milk prices, which are permitted to be in excess of the minimum rates set under the FMMOs
  • explaining that “plaintiff is not challenging . . . the minimum milk rates set [under the USDA]” and “concede[s] . . . any claim challenging [USDA] orders or the rates themselves clearly would be barred by the filed rate doctrine”
  • “[T]he antitrust laws do not limit standing to only that class of purchasers with the most direct injury.”
  • “[T]he antitrust laws do not limit standing to only that class of purchasers with the most direct injury.”
  • “As plaintiff seems to concede, any claim challenging [the FMMOs] or the [minimum milk] rates themselves clearly would be barred by the filed rate doctrine.”
  • “[n]either of the underlying purposes of the filed rate doctrine are implicated” where the plaintiffs were challenging the “artificially inflated prices charged by defendants above [the mínimums set by the USDA]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goettel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.