Wheeler v. Pilgrim's Pride Corp.
Court of Appeals for the Fifth Circuit
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
- Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
- Russello v. United StatesSupreme Court of the United States · 1983
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Watt v. AlaskaSupreme Court of the United States · 1981
- Stafford v. WallaceSupreme Court of the United States · 1922
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3Cited by5 opinions
- Asarco, L.L.C. v. Montana Resources, Inc.Court of Appeals for the Fifth Circuit · 2017
- Kerr-McGee Oil & Gas Corp. v. United States Department of InteriorCourt of Appeals for the Fifth Circuit · 2009
- Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2008
- Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2009
- Wheeler v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2009