Supreme Court Denies Certiorari in Packers and Stockyards Case

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The Supreme Court today denied a Petition for Certiorari filed in the case of Terry v. Tyson Farms, Inc. Terry had petitioned the Court, asking it to reverse a May 2010 decision of the U.S. Court of Appeals for the 6th Circuit, which held that a plaintiff must show “injury to competition” or “likelihood of injury to competition” to prevail in a Packers and Stockyards Act case.

 

Even though this legal standard has been followed by seven other federal appellate courts, it is one of the subjects of a controversial proposed rule published by USDA’s Grain Inspection, Packers and Stockyards Administration (GIPSA or the agency).

 

Mark Dopp, AMI senior vice president, regulatory affairs and general counsel, stated that in AMI’s November 22, 2010, comments to GIPSA regarding the proposed rule, AMI pointed out that the agency’s “attempt to change the standard conflicts with decisions of every federal circuit court to address the issue over the course of decades,” and Dopp accused the agency of trying to conduct a “regulatory end-run” around judicial rulings.



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