Orphan Annie — clever
girl — knew that "tomorrow
is just a day away."

As our friends at www.scotusblog.com remind us, the U.S. Supreme Court will issue opinions tomorrow, June 21.  The Court has but one more opportunity to finish its opinion-issuing work this Term — on Monday, June 25.  So what can we expect in the morn at 10:00 Eastern?

Blawgletter speculates that we’ll get a decision in one, but not both, of the Term’s two remaining hot business law cases:  the first involving antitrust — Leegin Creative Leather Products v. PSKS, Inc., No. 06-480 (per se liability for minimum resale price maintenance) — and the other relating to securities — Tellabs, Inc. v. Makor Issues & Rights Ltd., No. 06-484 (requirements for "strong inference" of fraudulent intent).

We can’t claim any scientific basis for our guess, but boy we do enjoy supposing stuff.  So we’ll go further and predict that we’ll hear about Tellabs on Thursday and Leegin on Monday.  Wading into ever-deeper waters, we’ll also foretell that Tellabs will turn not on interpretation of the Private Securities Litigation Reform Act as much as on the Court’s regard (or disregard) for the seventh amendment right to jury trial.  Plus that Leegin will adopt, 5-4, Chicago-style economic analysis.

Barry Barnett

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