Tuesday, March 20, 2007

Cascade Health Solutions v. PeaceHealth (9th Cir. - March 20, 2007)

Earlier this month I noted that the Ninth Circuit invited bored evidence students to submit amicus briefs on a FRE 804(a) issue. Okay, so they didn't just limit it to bored evidence students. But you know what I mean.

Time's running out on those letter briefs, though: They're due at the end of the month. So today the Ninth Circuit apparently decided to keep the assignments churning, and invites bored antitrust students to submit amicus briefs as well.

This is quite stunning: I don't remember another year with anything similar coming down from the Ninth Circuit, much less two such invitations in a given month. Plus it's even not the same panel; the only common thread to the two invitations is that Judge Gould is on both cases. I guess March is simply "Take Advice and Wisdom From Anyone Who Feels Like Dispensing It" Month.

An interesting development. Anyway, if you have -- or would like to have -- a keen sense about what sort of cost showings are required in bundled discount predatory pricing cases, the Ninth Circuit wants you. As do we all.

So get to work and submit your (second!) letter brief of March. (Though this one's not due until April 19th. Still, no time like the present!)