United States Fifth Circuit

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Xcaliber Int'l Ltd. LLC v. Atty. Gen., 09-30492

In a challenge to an amendment to the Louisiana state law implementing the tobacco settlement between the largest manufacturers of cigarettes and most of the states, summary judgment for defendant is affirmed where: 1) the statute did not mandate or authorize conduct that necessarily constituted a violation of the antitrust laws in all cases; 2) since the law established a state regulatory scheme that did not require or allow any input from private parties, it could not be classified as a hybrid restraint; and 3) plaintiff's allegations of non-price coercion were undermined by the limited relief it sought.

Appellate Information

  • Decided 07/16/2010
  • Published 07/16/2010

Judges

  • Emilio M. Garza

Court

  • United States Fifth Circuit

Counsel