Auraria Student Housing at the Regency, LLC v. Campus Village Apartments

Date:
Citation Number: 11-1569

Joint brief of the United States and the Federal Trade Commission, as amici curiae before the United State Court of Appeals for the Tenth Circuit, in support of the appellee, urging the court to dismiss for lack of jurisdiction the interlocutory appeal of a district court order denying a defendant's motion to dismiss an antitrust claim under the "state action" doctrine of Parker v. Brown, 317 U.S. 341 (1943). The brief, which does not address the merits of defendant's state action claim, argues that the court lacks appellate jurisdiction as there has been no final judgment in the underlying litigation, and the district court's order is not immediately appealable under the collateral order rule, which permits immediate appellate review in very limited circumstances to protect a right to avoid trial.