Should Leegin Finally Bury Old Man Miles?

On December 7, 2006, the 65th anniversary of the attack on Pearl Harbor, the Supreme Court announced it would hear a case involving a direct challenge to a precedent that is 30 years older. The Petitioner in Leegin Creative Leather Products Inc. v PSKS, Inc. posed the simple question whether "vertical minimum resale price maintenance agreements should be deemed per se illegal," based on the authority of Dr. Miles Medical Co. v. John D. Park & Sons.


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