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McCray v. Fidelity National Title Insurance Company

Petition for certiorari denied on February 19, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-527 3d Cir N/A N/A N/A N/A OT 2012

Issue: Whether the filed-rate doctrine exempts a cartel from from federal antitrust damages liability for price-fixed rates filed with a state agency, given (a) there is no meaningful review of the filed rates by the agency, (b) the agency is unable to award retrospective compensatory relief for the unlawful conduct, and (c) the private cartel price-fixing would not be exempt under the state action doctrine due to lack of “active supervision” by the agency.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 25 2012Petition for a writ of certiorari filed. (Response due November 28, 2012)
Nov 14 2012Order extending time to file response to petition to and including January 14, 2013.
Nov 28 2012Brief amici curiae of Antitrust and Economics Professors, and American Antitrust Institute filed.
Nov 28 2012Motion for leave to file amicus brief filed by Public Citizen, Inc.
Jan 14 2013Brief of respondents Fidelity National Title Insurance Company, et al. in opposition filed.
Jan 28 2013Reply of petitioners Dawn A. McCray, et al. filed. (Distributed)
Jan 30 2013DISTRIBUTED for Conference of February 15, 2013.
Feb 19 2013Motion for leave to file amicus brief filed by Public Citizen, Inc. GRANTED.
Feb 19 2013Petition DENIED.
Term Snapshot