3rd Circ. Gives Hardboiled No On Rehearing Egg Antitrust Suit

Law360 (April 14, 2021, 6:02 PM EDT) -- The Third Circuit rejected a bid by grocery retailers to have the full court review their antitrust lawsuit accusing egg producers and trade groups of conspiring to drive up prices, according to an order released Tuesday.

The Kroger Co., SuperValu Inc., Publix Super Markets Inc. and others had asked for an en banc hearing in hopes of overturning a panel's ruling that an error on the jury's verdict form was harmless because the jury got correct instructions elsewhere. They argued that the three-judge panel's refusal to revive the claims, which were dismissed at trial, ran afoul of the court's precedent....

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