Legal Opinion · Concurring in part, dissenting in part
Law Offices of Curtis v. Trinko, L.L.P., Individually and on Behalf of All Others Similarly Situated v. Bell Atlantic Corporation
Court of Appeals for the Second Circuit
Decided August 30, 2002No. Docket 01-7746PublishedCited by 15 opinions
1Concurring in part, dissenting in partSack, Circuit Judge
I concur with the majority’s resolution of the plaintiffs appeal with respect to its claims under § 2 of the Sherman Act and § 202 of the Communications Act. I write briefly and separately to make an observation as to these. I respectfully dissent, however, with regard to the majority’s dis position of the appeal of the dismissal of the plaintiffs claim under § 251 of the Telecommunications Act, which I would remand to the district court for further consideration.
I. The Sherman Act Claim
I concur with the majority’s disposition of the appeal with respect to the antitrust claim. I write…
2Cases cited9 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- At&T Corp. v. Iowa Utilities BoardSupreme Court of the United States · 1999
- Jackson Leeds v. Jonathan S. Meltz, Anthony Mansfield, Susan Ferraro, Merrick T. Rossein, Unknown John and Jane DoesCourt of Appeals for the Second Circuit · 1996
- In Re: Scholastic Corporation Securities LitigationCourt of Appeals for the Second Circuit · 2001
- Verizon Communications Inc. v. Federal Communications CommissionSupreme Court of the United States · 2002
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3Cited by15 opinions
- Newton v. City of New YorkDistrict Court, S.D. New York · 2008
- Bernstein v. New YorkDistrict Court, S.D. New York · 2008
- Hunt Ex Rel. Hunt v. Enzo Biochem, Inc.District Court, S.D. New York · 2008
- Abdelhamid v. Altria Group, Inc.District Court, S.D. New York · 2007
- Hunt v. Enzo Biochem, Inc.District Court, S.D. New York · 2006
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