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· 10/23/2007

Port Dock & Stone Corp. v. Oldcastle Northeast, Inc.

Citations

  • 507 F.3d 117
  • 2007 U.S. App. LEXIS 24728
  • 2007 WL 3071637

How courts have described this case

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

  • holding that proposed amendment to a pleading that does not cure deficiencies in the pleading is futile, and therefore leave to amend should not be granted
  • holding that a manufacturer’s breach of a distributorship agreement was not anticompetitive because the manufacturer “expected to perform the second level service more efficiently than the old trading partners”
  • finding that the plaintiff never alleged that the defendant was injured by increased prices.
  • denying leave to replead where plaintiff failed to show any pleading to cure the deficiencies in the complaint
  • describing the requirement of finding a plaintiff to be an “efficient enforcer” for antitrust standing, which implicitly encompasses considerations of redressability
  • explaining that antitrust standing “is distinct from constitutional standing”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leval, Calabresi, Gibson

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.