Legal Opinion

Piedmont Label Company v. Sun Garden Packing Company

Court of Appeals for the Ninth Circuit

Decided June 5, 1979No. 77-2088PublishedCited by 243 opinions

1Opinion of the Court

HUFSTEDLER, Circuit Judge:

The question presented is whether venue in a private antitrust suit may be founded solely on allegations that a defendant was a member of a conspiracy and that a co-conspirator performed acts in the forum district. This issue has been troublesome ever since the Supreme Court in Bankers Life & Casualty Co. v. Holland (1953) 346 U.S. 379, 74 S.Ct. 145, 98 L.Ed. 106, disapproved an attempt to base venue on vicarious responsibility of one co-conspirator for the acts of another. Because Bankers Life has effectively undermined the co-conspirator, theory of venue, we now…

2Cases cited29 opinions

  1. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
  2. Philadelphia Housing Authority v. American Radiator & Standard Sanitary Corp.District Court, E.D. Pennsylvania · 1968
  3. Occidental Petroleum Corp. v. Buttes Gas & Oil Co.District Court, C.D. California · 1971
  4. Bertha Building Corporation v. National Theatres Corporation, Gumbiner Theatrical Enterprises, Inc. v. National Theatres CorporationCourt of Appeals for the Second Circuit · 1957
  5. Giusti v. Pyrotechnic Industries, Inc.Court of Appeals for the Ninth Circuit · 1946

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

3Cited by243 opinions

  1. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  2. Commodity Futures Trading Commission v. Jack W. SavageCourt of Appeals for the Ninth Circuit · 1980
  3. Saravia v. SessionsDistrict Court, N.D. California · 2017
  4. United States v. Frank J. MaybusherCourt of Appeals for the Ninth Circuit · 1984
  5. In Re Cotton Yarn Antitrust LitigationCourt of Appeals for the Fourth Circuit · 2007

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

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