5th Circ. Splits From Sisters In PSA Interpretation

Law360, New York (July 21, 2008, 12:00 AM EDT) -- Breaking with the prevailing judicial interpretation of the Packers and Stockyards Act, the U.S Court of Appeals for the Fifth Circuit on Monday upheld a lower court’s decision freeing plaintiffs from proving an adverse effect on competition when alleging unfair practices under the PSA.

Judges E. Grady Jolly and Emilio M. Garza broke from their sister circuits in their support for the district court’s plain-text reading of Section 192 (a)-(b) of the PSA, allowing claims of unfair and unjust practices without proving that the practices had...
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