Last July, a three judge panel of the Fifth Circuit Court of Appeals ruling on a Packers and Stockyards case held that a plaintiff did not have to present evidence that the defendant’s conduct had an adverse effect on competition. To view a summary of the Wheeler decision, click here. This decision in Wheeler v. Pilgrim’s Pride Corp., 536 F.3d 455 (5th Cir. 2008) was counter to other circuits that had found the Packers and Stockyards Act requires a showing the defendant’s conduct had an adverse effect on competition.This decision in Wheeler is now in doubt with the majority circuit judges voting in favor to rehear Wheeler en banc. To view a copy of the opinion granting the petition to rehearing en banc, click here.
Posted: 7/30/09
