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Authors Guild, Inc. v. Hathitrust

Docket 12-4547, U.S. Court of Appeals, Second Circuit (Nov. 14, 2012)
Copyright (Appeals)
Case Type3820 Copyright
Tags3820 Copyright, 3820 Copyright
Plaintiff - Appellant Authors Guild, Inc.
Plaintiff - Appellant Australian Society Of Authors Limited
Plaintiff - Appellant Australian Society Of Authors Limited
...
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In re: Joshua Ramsey, et al v. NAMM, et al

Docket 12-56674, U.S. Court of Appeals, Ninth Circuit (Sept. 12, 2012)
Anti-Trust (Appeals)
Case Type3410 Anti-Trust
Tags3410 Anti-Trust, 3410 Anti-Trust
In re: MUSICAL INSTRUMENTS AND EQUIPMENT ANTITRUST LITIGATION
Plaintiff - Appellant, JOSHUA RAMSEY
Plaintiff - Appellant, DAVID GIAMBUSSO
...
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No. 78 FILED OPINION (HARRY PREGERSON, RICHARD C. TALLMAN and CARLOS T. BEA) AFFIRMED

Document In re: Joshua Ramsey, et al v. NAMM, et al, 12-56674, No. 78 (9th Cir. Aug. 25, 2015)
The FTC further alleged that the exchange of information among NAMM members (which include Guitar Center and the manufacturer defendants) “served no legitimate business purpose” and “had the purpose, tendency, and capacity to facilitate collusion and to restrain competition unreasonably.” Id. at ¶¶ 6–7.
Proceedings Below After the FTC issued its consent decree, numerous plaintiffs filed complaints alleging that defendants agreed to fix the retail prices of musical instruments in violation of § 1 of the Sherman Act and state antitrust laws.
Any firm that believes that it could 7 In In re Citric Acid Litigation, we recognized that circumstantial evidence in the form of plus factors could support the reasonable inference of an agreement and thus raise a genuine issue of material fact to defeat a defendant’s motion for summary judgment.
The FTC complaint stated that “[t]he exchange of information between 1 While plaintiffs were allowed limited discovery on the “closed door” meetings at NAMM-sponsored events, they were explicitly barred from inquiring about specific terms of the MAP policies.
NAMM members [including the manufacturer defendants], as alleged herein, had the purpose, tendency, and capacity to facilitate collusion and to restrain competition unreasonably.” In the Matter of National Association of Music Merchants, Inc., No. C-4255, at ¶ 7.
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No. 291 JUDGMENT MANDATE, ISSUED.[1262054] [12-4547] [Entered: 07/01/2014 04:08 PM]

Document Authors Guild, Inc. v. Hathitrust, 12-4547, No. 291 (2d Cir. Jul. 1, 2014)
Motion for Judgment
At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 10 day of June, two thousand and fourteen.
th Before: John M. Walker, Jr., José A. Cabranes, Barrington D. Parker Circuit Judges.
The appeal in the above captioned case from a judgment of the United States District Court for the Southern District of New York was argued on the district court record and the parties' briefs.
Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part and REMANDED for further proceedings in accordance with the opinion of this court.
For The Court: Catherine O’Hagan Wolfe, Clerk of Court
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No. 285

Document Authors Guild, Inc. v. Hathitrust, 12-4547, No. 285 (2d Cir. Jun. 10, 2014)

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No. 278

Document Authors Guild, Inc. v. Hathitrust, 12-4547, No. 278 (2d Cir. Jun. 10, 2014)

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No. 88

Document In re: Joshua Ramsey, et al v. NAMM, et al, 12-56674, No. 88 (9th Cir. Sep. 25, 2015)

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No. 86

Document In re: Joshua Ramsey, et al v. NAMM, et al, 12-56674, No. 86 (9th Cir. Sep. 23, 2015)

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