Brick by Illinois Brick: Ninth Circuit builds high wall for indirect purchaser suits *

USA - August 10 2012
The Ninth Circuit unanimously affirmed a grant of summary judgment for defendants in an antitrust suit involving alleged price-fixing of ATM fees, holding that the plaintiffs were indirect purchasers within the meaning of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977) and could not satisfy an exception to the “Illinois Brick wall,” which deprives indirect purchasers of standing to bring federal antitrust claims.

Co-authors: Dylan I. Ballard.

Federal government's eminent domain power trumps California's sovereign public trust title *

USA - July 20 2012
The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy.

Co-authors: Michael B. Wilmar .

Impacts on required public services not an environmental impact; no mitigation required *

USA - July 12 2012
The Court of Appeal held that potential adverse impacts on required public services are not environmental impacts under CEQA requiring mitigation by the project proponent.

Co-authors: Deborah Rosenthal.