Ninth Circuit: Xxxxxxx x Sample Clauses

Ninth Circuit: Xxxxxxx x. Xxxxx. — In Xxxxxxx x. Xxxxx, a class of smokers sued the California Attorney General and the OPMs.181 The named plaintiff, Xxxxxxx, challenged the Qualifying and Contraband Statutes on their face, claiming they were preempted by the Xxxxxxx Act.182 Xxxxxxx also alleged specific antitrust injury, pointing to post-MSA parallel price increases as illegal price fixing, and argued that the im- plementing statutes failed Midcal’s active supervision requirement.183 The district court granted a motion to dismiss, holding that the Xxxxxxx Act did not preempt the implementing statutes and, even if it did, the de- fendants were immune from liability under the state action doctrine.184 In affirming the district court, the Ninth Circuit first held that the Xxxxxxx Act did not preempt the implementing statutes because the statutes did not contemplate conduct that was a per se violation in all cases.185 The court noted that the statutes did not explicitly allow price fixing.186 Xxxxxxx, however, did not argue that there was an explicit price- fixing agreement.187 Instead, he argued that the MSA penalized price competition by forcing tobacco manufacturers to pay more money to the states as their market shares increased.188 Xxxxxxx alleged that this effec- tively resulted in MSA participants agreeing to compensate each other for market share increases.189 Thus, when one firm raised its price, other participants allegedly could have raised prices in lockstep without fear of being undercut.190 Potentially, NPMs could have entered the market and undercut the participating manufacturers (PMs) (which included the 181. 504 F.3d 903, 906 (9th Cir. 2007). 182. Id. at 909 (“This scheme is preempted by the Xxxxxxx Act, Xxxxxxx argues, be- cause it so obviously conflicts with federal antitrust law.”).
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Related to Ninth Circuit: Xxxxxxx x

  • XX XXXXXXX XXXXXXX the parties hereof have caused this Agreement to be executed in duplicate on the day and year first above written.

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Xxxx Xxxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxx Xxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxx Xxxxxxx If the Parties do not agree on an Adjudicator the Adjudicator will be appointed by the Arbitration Foundation of Southern Africa (AFSA).

  • Xxx Xxxxxxxx I certify that I am a legal United States citizen, or possess legal residency, or visitor status to be in the United States, and that I shall provide proof of said legal status if requested prior to or during any American Legion national-level ALB participation. I further understand that I shall be denied participation in any American Legion national-level youth programs if I refuse to comply with providing proof of said legal status, or are not legally in the United States. Player’s signature Player’s printed name Date I am a parent with legal custody or legal guardian of the above player and hereby consent and agree to the foregoing terms and provisions on the above player’s behalf. Parent’s or legal guardian’s signature Parent's or legal guardian's printed name Player’s name (first, middle, last) Parent’s home address (street address, city, state, ZIP) Parent’s telephone number Emergency contact person & phone number Medical Insurance Policy # Family physician & phone number High school attended Year of graduation School enrollment (grades 10, 11, 12) Player’s email address Player’s Birth Date (Month/Year) Primary position Player’s height Player’s weight

  • Xxxxxx Xxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxxxx Xxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxx Xxxxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

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