On October 14, 2014, the Eastern District of Pennsylvania denied
a motion for reconsideration brought by members and affiliates of
the former Eastern Mushroom Marketing Cooperative (EMMC).
In re Mushroom Direct Purchaser Antitrust Litig., No.
06-0620 (E.D. Pa. Oct. 14, 2014). In 2009, the court denied
defendants' motion for partial summary judgment, which argued
that defendants were immune from antitrust liability as members of
an agricultural cooperative under the Capper-Volstead Act, 7 U.S.C.
§ 291. The court gave two reasons for denying the
motion: (1) the EMMC allegedly conspired with entities that were
not engaged in agricultural production and (2) non-grower M.
Cutone's membership in the cooperative destroyed
Capper-Volstead immunity. Defendants moved for
reconsideration in light of intervening authority from the Supreme
Court in American Needle Inc. v. Nat'l Football
League, 560 U.S. 783 (2010), and the Third Circuit in
Deutscher Tennis Bund v. APT Tour, Inc.
