Jun

    The Matsushita Standard on Summary Judgment Through the Lens of the Contrasting Valspar and Titanium Dioxide Cases

    12 PM EDT

    This program will examine persistent questions and confusion over the correct application of the Matsushita summary judgment standard in antitrust conspiracy cases. The splits among and within circuits turn on the proper circumstances for applying the 'tends to exclude the possibility of independent conduct' test, as contrasted with the 'reasonable jury' standard of R. 56.

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    The panel will examine this question through the lens of the sharply contrasting analyses of the majority and dissent in Valspar v. DuPont (3d Cir., 2017 - affirming sjgt) and in Titanium Dioxide (D. Md. 2013) (denying sjgt), decided on virtually identical facts. -- 'Mock' oral argument form (one of the panelists was the dissenting judge in Valspar) followed by discussion.

    Moderator:

    • Richard Wolfram; Richard Wolfram, Esq.

    Speakers:

    • Stacey Mahoney; Morgan Lewis & Bockius
    • Hon. Lawrence Stengel (Ret.); Saxton & Stump

    FREE: Antitrust Section Members, Government, Non-Profit Employees, Students, $25 Other Non-Members.

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    CLE: The ABA is not seeking CLE credit for this program.

    Audio Archive: Provided all releases are obtained, audio recordings of this program will be available to Section members on the Committee Program Audio page.

    Event Details

    Duration

    60

    Format

    Teleconference

    Date

    Jun 12, 2020

    2020-06-12T12:00:00-04:00 2020-06-12T13:00:00-04:00 The Matsushita Standard on Summary Judgment Through the Lens of the Contrasting Valspar and Titanium Dioxide Cases

    This program will examine persistent questions and confusion over the correct application of the Matsushita summary judgment standard in antitrust conspiracy cases. The splits among and within circuits turn on the proper circumstances for applying the 'tends to exclude the possibility of independent conduct' test, as contrasted with the 'reasonable jury' standard of R. 56.

    Speakers

    Stacey Mahoney

    Morgan Lewis & Bockius LLP

    Sponsors

    Joint Conduct

    Section of Antitrust Law

    Co-sponsors

    Civil Practice and Procedure

    Trial Practice

    Moderators

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