LOWEY LAWYERS REPRESENT ANTITRUST SCHOLARS IN THE U.S. SUPREME COURT
A group of professors and scholars of antitrust law retained Lowey Dannenberg to file an amicus curiae brief to the Supreme Court of the United States on their behalf. Lowey’s Peter St. Phillip and Lee J. Lefkowitz drafted the brief in Evergreen Partnering Group, Inc. v. Pactiv Corporation, et al., No. 16-1148, a case alleging that a group of defendant polystyrene manufacturers conspired to refuse to deal with a plaintiff recycling company. After the District Court for the District of Massachusetts granted defendants’ motion for summary judgment and dismissed plaintiffs’ claims, the Court of Appeals for the First Circuit affirmed the decision. Lowey’s brief, filed on April 21, 2017, supported plaintiff’s petition seeking a writ of certiorari, and asked that the Supreme Court resolve a split among the U.S. circuit courts of appeals as to what standard should be applied at summary judgment in antitrust cases. Lowey asked that the Supreme Court take up the issue of whether the standard the First Circuit applied in dismissing the case was too stringent.