· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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