In the clearing stands a boxerActually, that's not how the good Judge starts his order; instead he quotes the 7th Circuit instead of Paul and Art:
And a fighter by his trade
And he carries the reminders
Of ev'ry glove that layed him down
Or cut him till he cried out
In his anger and his shame
"I am leaving, I am leaving"
But the fighter still remains
If I swing my fist at your face, you may decide to duck. But if you stand still, and I deck you, I am the cause of your injury. You did not punch yourself.Ok, not bad, but let me throw another one out there -- from the wellspring of all boxing references:
In any event, let's see how Judge G works with his metaphor:
Patheon has now moved for judgment on the pleadings on counts I‐IV of Procaps’ complaint and contends that Procaps has caused its own antitrust injury by declining multiple offers to terminate the Collaboration Agreement. In other words, Patheon says that by not ducking its antitrust punch, Procaps has punched itself. According to Patheon, Procaps has manufactured Article III standing by injuring itself, and the Court therefore lacks subject matter jurisdiction over counts I‐IV.It took a while, but could be worse -- maybe next time just go with Rocky?
It is true that a party lacks Article III standing where it is the sole cause of its injury. But assuming, as the Court must for purposes of this motion, that Procaps was injured and that its injury can be redressed, the Court cannot now conclude on this record that Procaps’ decision to not terminate the Collaboration Agreement is the sole cause for its antitrust injury. To be sure, Procaps could have ducked Patheon’s antitrust punch by terminating the Collaboration Agreement. It likewise could have sought to block the punch by seeking an injunction to prevent the Banner acquisition. But the fact that Procaps did neither of those things does not mean that Patheon didn’t throw the punch that started the causal chain in Procaps’ antitrust injury. Consequently, and as explained below, the Court denies (albeit without prejudice) Patheon’s motion.
BTW, there are seven lawyers from one firm of record for the plaintiff, and twelve lawyers total from several firms for the defendant -- that's a lot of punches!