United States Eighth Circuit

In a dispute involving the regulation of escrow releases and tobacco manufacturers, district court judgment is affirmed where: 1) although the Arkansas statutory framework concerning implementation of the Master Settlement Agreement may have some anticompetitive effect on non-participating manufacturers, plaintiffs failed to show that the Allocable Share Amendment at issue amounted to a per se violation of the Sherman Act; 2) plaintiff's claim that the Master Settlement Agreement created a hybrid restraint of trade in violation of the Sherman Act is rejected; 3) the state is immune from liability under the Parker v. Brown doctrine; and 4) the Master Settlement Agreement does not violate the Commerce Clause, and the Allocable Share Amendment does not create an equal protection or due process violation.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• SMITH, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Leonard Violi, argued, Mamaroneck, NY, John R. Elrod, P. Joshua Wisley, Fayetteville, AR, Bruce W. Freeman, on the brief, Tulsa, OK, for appellant.


• For Appellees:
  
• Gary D. Wilson, argued, Washington, DC, Eric B. Estes, AAG, and Bradford J. Phelps, AAG, argued, Little Rock, AR, for appellee.