Legal Opinion

Wheeler v. Pilgrim's Pride Corp.

Court of Appeals for the Fifth Circuit

Decided July 21, 2008No. 07-40651PublishedCited by 5 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

This appeal presents a single narrow question: whether a plaintiff must prove an adverse effect on competition to prevail in a suit alleging a violation of Packers and Stockyards Act Sections 202(a)-(b), 7 U.S.C. §§ 192(a)-(b), (“PSA”). The District Court answered this question in the negative despite the fact that the great weight of authority in our sister Circuits is to the contrary. Based on a plain-text reading of the PSA, we agree with the District Court. Therefore, we hold that a plaintiff need not prove an adverse effect on competition to prevail under 7…

2Cases cited32 opinions

  1. Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Watt v. AlaskaSupreme Court of the United States · 1981
  5. Stafford v. WallaceSupreme Court of the United States · 1922

27 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Asarco, L.L.C. v. Montana Resources, Inc.Court of Appeals for the Fifth Circuit · 2017
  2. Kerr-McGee Oil & Gas Corp. v. United States Department of InteriorCourt of Appeals for the Fifth Circuit · 2009
  3. Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2008
  4. Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2009
  5. Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API