United States Sixth Circuit

In a claim under the Sherman Anti-trust Act, sufficient evidence showed that a tobacco company's conduct rose above isolated tortious activity and was exclusionary without legitimate business justification, and that those actions injured both plaintiff and competition; testimony of a damages expert was properly admitted, subject to cross examination and presentation of countervailing evidence.

Appellate Information

• Decided 05/15/2002
• Published 05/15/2002

Judges

• Before: CLAY and GILMAN, Circuit Judges;  EDGAR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John D. Harkrider, Axinn, Veltrop & Harkrider, New York, NY, for Amicus Curiae.


• For Appellees:
  
• L. Clifford Craig (briefed), Taft, Stettinius & Hollister, Cincinnati, OH, Richard C. Roberts (briefed), Whitlow, Roberts, Houston & Straub, Paducah, KY, Neil M. Gorsuch (briefed), Mark C. Hansen (argued and briefed), Kellogg, Huber, Hansen, Todd & Evans, Washington, DC, for Plaintiffs-Appellees., Neal R. Stoll (briefed), James A. Keyte (briefed), Skadden, Arps, Slate, Meagher & Flom, New York, NY, John S. Reed (briefed), Ridley M. Sandidge, Jr. (briefed), Lynn K. Fieldhouse (briefed), Reed, Weitkamp, Schell & Vice, Louisville, KY, Ernest Gellhorn (argued and briefed), Law Office of Ernest Gellhorn, Washington, DC, for Defendants-Appellants.