Legal Opinion · Dissent

Broadway Grill, Inc. v. Visa Inc.

Court of Appeals for the Ninth Circuit

Decided May 18, 2017No. 17-15499Published

1Dissent

RÁWLINSON, Circuit Judge,

dissenting:

I respectfully dissent. I agree with the district court that the amendment of the Complaint in this case fit within the parameters recently articulated by us in Benko v. Quality Loan Serv. Corp., 789 F.3d 1111 (9th Cir. 2015).

The thrust of Broadway Grill’s Complaint, before and after amendment, was that the Visa defendants engaged in anti-competitive behavior in setting the rates for interchange fees charged to merchants in violation of California antitrust and unfair competition laws. Broadway Grill alleged that it was a California corporation, that its…

2Cases cited7 opinions

  1. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  2. Patricia Hart v. Larry G. Massanari, Acting Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
  3. Hargett v. Revclaims, LLCCourt of Appeals for the Eighth Circuit · 2017
  4. In Re Burlington Northern Santa Fe Railway Co.Court of Appeals for the Seventh Circuit · 2010
  5. In Touch Concepts, Inc. v. Cellco PartnershipCourt of Appeals for the Second Circuit · 2015

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