PSKS, Inc. v. Leegin Creative Leather Products, Inc.

Full title: PSKS, INC., doing business as Kay's Kloset . . . Kay's Shoes; Toni Cochran…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 30, 2007

498 F.3d 486 (5th Cir. 2007)

Opinion

No. 04-41243.

August 30, 2007.

David Neil Smith, Nix, Patterson Roach, Daingerfield, TX, for PSKS, Inc.

Robert W. Coykendall, Ken M. Peterson, Morris, Laing, Evans, Brock Kennedy, Wichita, KS, for Plaintiffs-Appellees.

Jeffrey Scott Levinger, Carrington, Coleman, Sloman Blumenthal, Dallas, TX, Theodore B. Olson, Michael L. Denger, Gibson, Dunn Crutcher, Washington, DC, Tyler Alexander Baker, III, G. Aaron Myers, Fenwick West, Mountain View, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas; T. John Ward, Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before BARKSDALE and CLEMENT, Circuit Judges, and ENGELHARDT, District Judge^_.

_ District Judge of the Eastern District of Louisiana, sitting by designation.

PER CURIAM:

Our court upheld application of the anti-trust per se rule to Leegin Creative Leather Products, Inc.'s imposing a vertical minimum price-fixing agreement on its retailer, PSKS, Inc., doing business as Kay's Kloset . . . Kay's Shoes. PSKS, Inc. v. Leegin Creative Leather Prods., Inc., 171 Fed.Appx. 464 (5th Cir.2006). The Supreme Court reversed, holding "[v]ertical price restraints are to be judged according to the rule of reason" and "remanded for proceedings consistent with [its] opinion". Leegin Creative Leather Prods., Inc. v. PSKS, Inc., ___ U.S. ___, 127 S.Ct. 2705, 2725, 168 L.Ed.2d 623 (2007). Accordingly, this action is REMANDED to district court for proceedings consistent with the Supreme Court's opinion.

REMANDED.