Antitrust Class Action Suit Approved Against BAR/BRI

10-23-08

Today, nearly two years later, Judge Pauley has approved the class action suit, Park v. Thomson Corp. The suit was approved after finding that BAR/BRI was indeed in violation of antitrust laws. Anthony Park, the plaintiff, claimed the company's dominant position in state law courses forced him to purchase the multistate course as well. The Thomson Corporation was represented by Steven F. Molo of Shearman & Sterling, a 130 year old organization with offices around the world.


Thompson Corp., the Canadian conglomerate who is the BAR/BRI parent company, agreed to settle the suit for $13 million. The judge also said the settlement requires "Thomson to untie the state-specific and multistate portions of their courses for three years." This requirement is expected to help other competitors in the law review industry gain a more substantial chunk of the market. The article also stated that "between 80 percent and 90 percent of those who take a bar preparatory course, or around 40,000 lawyers and students a year, take one offered by BAR/BRI."

Also noteworthy in the settlement, is that Judge Pauley denied the Park plaintiffs lawyers their requested 24 percent contingent fee, roughly 3.1 million, and instead cut the amount to a 16 percent contingent fee, or approximately 2.1 million. In recent years, several comparable courses have been filed against the law review giant, including a $49 million settlement in a California antitrust case, Rodriguez v. West Publishing Co. The million dollar cut was based on the Rodriguez v. West Publishing Co. ruling because Judge Pauley believed it reduced risk in the decision. He also noted that the Rodriguez lawyers asked for a 1.75 multiplier, while the Park legal team requested to apply a 2.32 multiplier. In turn, the plaintiff attorneys received a 1.5 multiplier.

The Park plaintiffs were represented by The Katriel Law Firm and Murray, Frank & Sailer, LLP.

According to www.parkbarbrisettlement.com, those potentially affected by the suit are "all individuals, law firms, or other Persons who have paid the entire cost of one or more qualifying BAR/BRI bar review courses in the United States during the period March 15, 2001 to January 4, 2008, inclusive (the "Class Period")." If you were part of this class action suit and have any questions, you should contact The Katriel Law Firm.