Welcome to the BAR/BRI Class Action Website
PLEASE NOTE: Over 85,000 Claim Forms representing claims for over 120,000 BAR/BRI courses have been received and processed by the Claims Administrator. However, several objectors appealed from the Court’s Order granting final approval of the Settlement. A total of seven Notices of Appeal of the Settlement were filed. An eighth Notice of Appeal concerning the denial of attorneys' fees to the Schneider/Head objectors was also filed. Copies of the Notices of Appeal may be viewed by clicking the appropriate links at the right.
NO CLAIMS CAN BE CALCULATED OR PAID UNTIL THERE HAS BEEN A FINAL RESOLUTION OF ALL APPEALS.
On January 25, 2008 Class Counsel met with attorneys for the objector-appellants and defendants' counsel under the auspicies of the Ninth Circuit Mediation Program. After a full day of mediation, the parties could not reach a resolution that would allow for a dismissal of the appeals and distribution of the Settlement Fund. Further updates will be posted on this website.
PLEASE NOTE: THE DEADLINE FOR FILING CLAIMS HAS PASSED.
You may still submit your Claim, however,
only the Court will have final discretion to
allow late claimants to participate in the Settlement.
If you purchased a bar review course from BAR/BRI in the United States anytime from August, 1997 through July 31, 2006, this settlement may affect your rights.
If you purchased a bar review course from BAR/BRI anywhere in the United States anytime from August, 1997 through July 31, 2006 (the “Class”), you may be affected by a settlement of a class action lawsuit pending in the United States District Court for the Central District of California called Rodriguez, et. al v. West Publishing Corp., d/b/a BAR/BRI, and Kaplan, Inc., Case No. CV-05-3222 R (MCx). This is to inform you of the nature of Plaintiffs’ claims, the Court’s approval of the settlement and your right to file a claim for a portion of the Settlement Fund.
What Is This Case About?
IMPORTANT DATES & DEADLINES |
| Class Period: |
August 1, 1997 through
July 31, 2006 |
| Proof of Claim: |
Postmarked no later than September 17, 2007 |
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BAR/BRI provides full-service bar review courses throughout the United States, which are aimed at assisting would-be attorneys in their preparation for taking one or more bar examinations required by each state and the District of Columbia prior to the issuance of a license to practice law. Plaintiffs allege that BAR/BRI violated the federal antitrust laws by agreeing with Kaplan, Inc., to prevent competition in the market for full-service bar review courses. Please see the Notice on the links at the right for a full description of Plaintiffs’ allegations.
West Publishing Corporation is the owner of BAR/BRI and is a defendant. The other
defendant is Kaplan, Inc. (BAR/BRI, and Kaplan, Inc., are hereinafter collectively referred to as
“Defendants.”) Defendants deny Plaintiffs' allegations and contend that their conduct was legal.
On February 2, 2007 the parties entered into a Stipulation and Settlement Agreement (“Settlement Agreement”). A copy of the Settlement Agreement may be viewed by clicking the appropriate link at the right.
Am I Affected By This Settlement?
Class Members are those that purchased a full-service bar review course from BAR/BRI anywhere in the United States anytime from August, 1997 through July 31, 2006. If you paid the entire purchase price for a BAR/BRI bar review course in the United States during this period, and did not previously request exclusion from the Class, you are entitled to a portion of the Net Settlement Fund as described below. If you paid part of the purchase price (e.g., either on behalf of someone else or yourself) and someone else paid a portion of the purchase price (e.g., a law firm, employer, family member, etc.) on your behalf during this period, and did not previously request exclusion from the Class, each party that paid would be entitled to a portion of the Net Settlement Fund as described below.
What is the Benefit of the Settlement to Me?
The Settlement provides both monetary and non-monetary relief. Under the terms of the Settlement, Defendants deposited forty-nine million U.S. dollars ($49,000,000) into an interest-bearing account for the benefit of the Class. The $49,000,000, plus interest (“Gross Settlement Fund”), will be used to pay for the costs of notice and settlement administration, and to pay for the attorneys’ fees and expenses approved by the Court. The remaining balance (“Net Settlement Fund”) will be distributed to Class Members pursuant to the Plan of Allocation. The Plan of Allocation of the Net Settlement Fund is available for viewing by clicking on the appropriate link at the right.
The Settlement also provides the following non-monetary relief:
- West Publishing Corp., the owner and operator of the BAR/BRI bar review courses and Kaplan, Inc., the owner and operator of a Law School Admissions Test (LSAT) preparatory course, will terminate the co-marketing agreement agreed to in 1997;
- For 5 years, unless otherwise ordered by the Court, West Publishing Corp. will advise law students who enroll in a BAR/BRI course that, by signing an enrollment form and making an initial enrollment payment to BAR/BRI, the student is not committed to taking the BAR/BRI Bar Review course or to making the full payment to BAR/BRI for such course; and
- West Publishing Corp. states that it is committed to accurate advertising of the BAR/BRI course in accordance with state and federal laws and regulations.
How do I make a claim for a portion of the Net Settlement Fund?
To receive a cash payment under the Settlement, or to make a tax deductible donation of your portion of the Settlement, you must complete and submit a Claim Form and mail it, postmarked no later than September 17, 2007. To request a Notice and Claim Form, you may call the Claims Administrator toll-free at 1-888-285-7850 and request that a Notice and Claim Form be mailed to you, or you may download it by clicking on the appropriate link at the right.
What is the amount of the cash payment that I will receive under the Settlement?
Class Members will be paid pursuant to the Plan of Allocation, which may be viewed by clicking on the appropriate link on the right. The actual dollar amount paid to each Class Member who submits a timely and valid Claim Form will depend on the number of claims, the tuition amounts paid by claimants, and the amount of costs, expenses, and attorneys’ fees approved by the Court. In no event shall any Class Member receive more than thirty-percent (30%) of the amount paid by the Claimant for their BAR/BRI bar review course.
What If I Have Questions?
You may read the documents at the links on the right, call 1-888-285-7850, or write to BAR/BRI Class Counsel, Sidney K. Kanazawa, Esq., McGuireWoods LLP, 1800 Century Park East, 8th Floor, Los Angeles, CA 90067. All public Court records may be examined in person and copied at the Clerk's office, United States District Court, Central District of California, 312 N. Spring Street, Los Angeles, California, 90012. PLEASE DO NOT PHONE THE COURT.
Class Counsel Contact Information |
Sidney K. Kanazawa, Esq.
McGuireWoods LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067 |
Administrator Contact Information |
BAR/BRI Class Action Administrator
PO Box 24639
West Palm Beach, FL 33416
BARBRI@completeclaimsolutions.com
If you would like to speak with the Administrator’s Office, please call toll-free:
1-888-285-7850
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