TaiLexi AI U.S. Case Law

Morton's Market, Inc. J & J Produce and Deli, Inc. v. Gustafson's Dairy, Inc., Borden, Inc. T.G. Lee Foods, Inc.

MORTON’S MARKET, INC.; J & J Produce and Deli, Inc., Plaintiffs-Appellants, v. GUSTAFSON’S DAIRY, INC., Defendant, Borden, Inc.; T.G. Lee Foods, Inc., Et Al., Defendants-Appellees

Morton's Mkt., Inc. v. Gustafson's Dairy, Inc., 211 F.3d 1224 (11th Cir. 2000)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
May 5, 2000
Docket
No. 98-2498
Judges
Anderson, Hill, Cook
Citations
211 F.3d 12242000 WL 5567622000 U.S. App. LEXIS 8953

Opinion

BY THE COURT:

This case is before the court upon plaintiffs Motion for Clarification, filed on January 10, 2000. Defendant Pet, Inc. filed its response on January 20, 2000. The motion is GRANTED to the following extent: the Clerk is directed to amend the opinion entered in this case on December 20, 1999, and published at 198 F.3d 823 by (1) adding a phrase and a sentence to the end of the second sentence in Part III, which shall read as follows:

As to Pet, we hold that it effectively withdrew from the conspiracy in 1985 and, as to it, these actions are not timely-filed unless the statute was equitably tolled by fraudulent concealment. If so, Pet would be liable for any price-fixing activity prior to its withdrawal.

and (2) amending the holding, which now reads “AFFIRM IN PART, REVERSE IN PART and REMAND” to “REVERSE and REMAND,”

all as shown on pages 839-40 of the opinion. The motion is DENIED in all other respects.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 17 cases

View all citing references →
2005: 22007: 12014: 22017: 32020: 12021: 22023: 12024: 42026: 120052026peak 2024 · 4

Relies on it most ⓘ

  1. United States v. Roger Bergman852 F.3d 1046 (11th Cir. 2017)
  2. PADILLA v. PORSCHE CARS NORTH AMERICAN, INC.No. 1:18-cv-24988 (S.D. Fla. Mar. 26, 2020)
  3. WINN-DIXIE STORES, INC. v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC.No. 5:15-cv-06480 (E.D. Pa. Feb. 5, 2021)
  4. Hartig Drug Co. v. Ferrellgas Partners, L.P.860 F.3d 1059 (8th Cir. 2017)
  5. Tello v. Dean Witter Reynolds, Inc.410 F.3d 1275 (11th Cir. 2005)
  6. Dan Oliver v. Sd-3c LLC751 F.3d 1081 (9th Cir. 2014)

Most recent

  1. Michael Letson v. Legal Services Alabama, Inc.No. 5:24-cv-01649 (N.D. Ala. Sept. 9, 2026)
  2. Sihler v. Global e-Trading, LLCNo. 8:23-cv-01450 (M.D. Fla. Aug. 13, 2024)
  3. Alaska Air Group Inc v. Anthem IncNo. 2:21-cv-01209 (N.D. Ala. Apr. 30, 2024)
  4. JetBlue Airways Corporation v. Anthem IncNo. 2:22-cv-00558 (N.D. Ala. Apr. 30, 2024)
  5. Bed Bath & Beyond Inc. v. Anthem IncNo. 2:22-cv-01256 (N.D. Ala. Apr. 30, 2024)
  6. Michael McEvoy v. Apollo Global Management LLCNo. 22-12081 (11th Cir. Mar. 30, 2023)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list