Tuesday, August 23, 2011

Third Circuit -- In Re: Mushroom Direct

In Re: Mushroom Direct

   Prejudgment collateral order denying farmers an antitrust exception is not reviewable, as nothing bars it from being reviewed after final judgment.  

  As the statutory shield is a less than complete grant of immunity, defts are still subject to suit for anti-competitive activities.  The traditional jurisdiction over collateral orders granting immunity does not apply.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.