· 9/1/2004
Republic Tobacco Co., Plaintiff-Appellee/cross-Appellant v. North Atlantic Trading Company, Inc., Defendants-Appellants/cross-Appellees
Citations
- 381 F.3d 717
- 2004 U.S. App. LEXIS 18470
- 2004 WL 1936385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[e]conomic analysis [in anti-trust context] is virtually meaningless if it is entirely unmoored from at least a rough definition of a product and geographic market”
- holding that “[i]t stretches reason to interpret ‘legal action’ as ‘any activity of a lawyer’ when it is used in daily parlance to mean a lawsuit or legal proceeding.”
- noting that an \interlocutory appeal is not intended as a 'second bite at the apple' that allows the moving party to reargue issues that the court has already addressed and rejected\
- noting that exclusive dealing can “eliminate[] divided loyalties and reduee[] free riding” (citing Roland Mach., 749 F.2d at 395)
- ordering eight-fold reduction of presumed damages when initial award was excessive considering the offered evidence of harm
- “[I]f a plaintiff agrees to accept the reduced judgment in the trial court, that plaintiff may not later argue that the jury’s verdict should be reinstated on appeal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Manion, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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