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Sears v. Butler GVR'ed

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We discussed the case of Sears v. Butler, and I expanded on it at Forbes.com. The Supreme Court chose not to put it on the oral-argument calendar, but asked the Seventh Circuit to reconsider in light of Comcast v. Behrend. [Fisher; see also Olson]

Andrew Trask thinks this shows that Comcast v. Behrend is having "real effect," but I think it's too soon to tell whether lower courts will give the decision narrow or broad reach. I think at least one of the three remands given will result in reaffirmation of the pre-Comcast decision.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


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