What Leegin's Conclusion Does (And Doesn't) Mean

Law360, New York (September 7, 2010, 11:36 AM EDT) -- In its second encounter with PSKS Inc. v. Leegin Creative Leather Products Inc., the U.S. Court of Appeals for the Fifth Circuit on Aug. 17 affirmed the dismissal on the pleadings of the plaintiff's antitrust claims for vertical minimum price-fixing, also known as resale price maintenance. This was a huge swing. In the first encounter in 2006, the court had summarily affirmed a large jury verdict in favor of PSKS based on the same claims.

However, in the interim the U.S. Supreme Court granted certiorari and...
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