No. 22-573

BRFHH Shreveport LLC, dba University Health Shreveport v. Willis-Knighton Medical Center, dba Willis-Knighton Health System

Lower Court: Fifth Circuit
Docketed: 2022-12-21
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: antitrust-law circuit-split motion-to-dismiss plausibility-standard pleading-standards rule-12(b)(6) section-1 sherman-act twombly
Latest Conference: 2023-05-11 (distributed 2 times)
Question Presented (from Petition)

May a Section 1 claim be dismissed pursuant to Fed. R. Civ. P. 12(b)(6), consistent with Twombly, based on evidence suggesting an alternative, non-conspiratorial reason for the challenged conduct, where the complaint also contains substantial factual allegations disputing that alternative inference?

To adequately allege anticompetitive conduct for purposes of a Section 2 claim involving a threatened refusal to deal, must plaintiffs allege a "substantial foreclosure" of competition?

Question Presented (AI Summary)

May a Section 1 claim be dismissed pursuant to Fed. R. Civ. P. 12(b)(6), consistent with Twombly, based on evidence suggesting an alternative, non-conspiratorial reason for the challenged conduct, where the complaint also contains substantial factual allegations disputing that alternative inference?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-17
Reply of petitioners BRFHH Shreveport LLC, et al. filed. (Distributed)
2023-04-03
Brief of respondents Willis-Knighton Medical Center, et al. in opposition filed.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
2023-02-14
Motion to extend the time to file a response from March 2, 2023 to April 3, 2023, submitted to The Clerk.
2023-01-31
Response Requested. (Due March 2, 2023)
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-17
Waiver of right of respondent Willis-Knighton Medical Center, et al. to respond filed.
2022-12-19
Petition for a writ of certiorari filed. (Response due January 20, 2023)

Attorneys

BRFHH Shreveport LLC, et al.
David A. EttingerHonigman, Miller, et al., Petitioner
Willis-Knighton Medical Center, et al.
Layne E. KruseNorton Rose Fulbright US LLP, Respondent