Welcome to the
BAR/BRI Class Action Website
(Last Updated on May 1, 2009)
PLEASE NOTE: Over 88,000 Claim Forms representing claims for over 130,000 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.
PLEASE ALSO NOTE:
The Ninth Circuit Court of Appeals issued its decision on objectors'
appeals on April 23, 2009. The Court affirmed the Settlement and remanded the
award of attorneys' fees to Class Counsel and Objectors' Counsel to the
District Court for further proceedings. A copy of the decision may be viewed by
clicking the appropriate link at the right. NO CLAIMS CAN BE CALCULATED OR PAID
UNTIL THERE HAS BEEN A FINAL DETERMINATION OF THE AMOUNT OF ATTORNEYS' FEES TO
BE PAID OUT OF THE SETTLEMENT FUND AND THE DISTRICT COURT HAS ISSUED A
DISTRIBUTION ORDER. This website will be updated upon further developments.
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
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| Class Period: |
August 1, 1997 through
July 31, 2006
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| Proof of Claim:
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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:
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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;
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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
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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
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Sidney K. Kanazawa, Esq.
McGuireWoods LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
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Administrator Contact Information
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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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