Legal Opinion

Big Apple BMW, Inc. v. BMW of North America, Inc.

Court of Appeals for the Third Circuit

Decided August 6, 1992No. Nos. 91-1339, 91-1458PublishedCited by 245 opinions

1Opinion of the Court

OPINION OF THE COURT1

MANSMANN, Circuit Judge.

In these cross appeals, we are once again called upon to delineate that quantum of evidence necessary for an antitrust plaintiff to prove in order to withstand a motion for summary judgment. Here the unsuccessful applicants for several BMW franchises brought suit against the United States distributor for BMW automobiles, BMW of North America (BMW NA). The applicants (the Potamkins) assert that BMW NA and its dealers violated the Sherman Act by engaging in concerted action to exclude them . from becoming dealers. BMW NA contends that it acted…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  5. Bourjaily v. United StatesSupreme Court of the United States · 1987

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3Cited by245 opinions

  1. Armbruster v. Unisys Corp.Court of Appeals for the Third Circuit · 1994
  2. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  3. Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp. Orson, Inc., D/b/a/ Roxy Screening RoomsCourt of Appeals for the Third Circuit · 1996
  4. Pastore v. Bell Telephone Co. of PennsylvaniaCourt of Appeals for the Third Circuit · 1994
  5. In Re Flat Glass Antitrust Litigation MdlCourt of Appeals for the Third Circuit · 2004

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