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Refusing to look beyond statutory text to also consider legislative history, the Fifth Circuit creates a circuit split regarding whether a plaintiff must prove an adverse effect on competition to establish a violation of Packers and Stockyards Act

Refusing to look beyond statutory text to also consider legislative history, the Fifth Circuit creates a circuit split regarding whether a plaintiff must prove an adverse effect on competition to establish a violation of Packers and Stockyards Act sections 202(a)-(b): Today's ruling, by a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, can be accessed here. Today's majority opinion acknowledges that it creates a circuit split and that "the great weight of authority in our sister Circuits is to the contrary." Presumably those advocates desperate for additional U.S. Supreme Court face-time will now begin scurrying to represent the losing parties in the case.

Full post as published by How Appealing on July 21, 2008 (boomark / email).