Stephen Stetson v. West Publishing Corporation

MEMORANDUM

Stetson, et. al. (“the Stetson plaintiffs”) appeal the dismissal of their class action complaint against West and Kaplan (collectively “Defendants”) for alleged violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 , 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

1. The district court erred in concluding that the Schall lawsuit precludes the Stetson plaintiffs from filing a claim for damages and prospective relief against Defendants. Schall was brought on behalf of two individual law students. The Stetson plaintiffs were not a party to that action. Because their interests in a monetary recovery and injunctive relief were not represented by the Schall plaintiffs, they cannot be bound by the disposition of that case.

2. The district court erred in concluding that the Rodriguez settlement precludes the Stetson plaintiffs from bringing their claim. Rodriguez was brought on behalf of an earlier class of purchasers. Because the Stetson plaintiffs’ interests in a monetary recovery were not represented by the plaintiffs in Rodriguez, they are not now barred from filing a claim for damages.

Nor are the Stetson plaintiffs precluded from seeking…