Theme Promotions, Inc. v. News America Marketing FSI
Opinion
Opinion
Thomas, J.
ORDER
The opinion previously filed in this case is amended as follows.
On pp. 11074-75 [ 539 F.3d 1046 ] of the slip opinion, the following sentence is inserted before the sentence beginning “News argues that the evidence actually shows....”:
In lieu of the deleted passage, the following language is inserted:
The panel has voted to deny the petition for rehearing. Judges Thomas and Paez voted to reject the suggestion for rehearing en banc and Judge Trott so recommended.
The full court has been advised of the suggestion for rehearing en banc, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed. R.App. P. 35(b).
With the amendments, the petition for rehearing is denied and the suggestion for rehearing en banc is rejected.
No future petitions for rehearing will be entertained.
OPINION
This appeal presents the question of whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law. We conclude that the jury verdict in favor of Plaintiff was supported by substantial evidence in the record, and we affirm.