Funeral Consumers Alliance, Inc. v. Service Corp. International

695 F.3d 330, 83 Fed. R. Serv. 3d 890, 2012 WL 4009762, 2012 U.S. App. LEXIS 19224
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 13, 2012
Docket10-20719
StatusPublished
Cited by47 cases

This text of 695 F.3d 330 (Funeral Consumers Alliance, Inc. v. Service Corp. International) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Funeral Consumers Alliance, Inc. v. Service Corp. International, 695 F.3d 330, 83 Fed. R. Serv. 3d 890, 2012 WL 4009762, 2012 U.S. App. LEXIS 19224 (5th Cir. 2012).

Opinions

HIGGINSON, Circuit Judge:

Plaintiffs-Appellants, the Funeral Consumers Alliance, Inc. (“FCA”) and eleven [335]*335consumers (“Consumer Appellants”), brought a class action suit under § 4 of the Clayton Act, 15 U.S.C. § 15, against the largest United States casket manufacturer, Batesville Casket Company, and its owner Hillenbrand Industries, Inc. (collectively, “Batesville”); and against the three largest United States funeral home chains and distributors of Batesville caskets, Service Corporation International (“SCI”), Aider-woods Group, Inc. (“Alderwoods”),1 and Stewart Enterprises, Inc. (“Stewart”). Plaintiff-Appellants alleged that Defendant-Appellees conspired to foreclose competition from independent casket discounters (“ICDs”) who sold caskets directly to consumers at discounted prices and maintained artificially high consumer casket prices in violation of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, by engaging in a group boycott to prevent ICDs from selling Batesville caskets and dissuading consumers from purchasing caskets from ICDs. Plaintiff-Appellants also alleged that Defendant-Appellees used concerted efforts to restrict casket price competition, including coordinating prices, limiting the advertisement of pricing, and engaging in sham discounting. Plaintiff-Appellants sought damages to remedy the overpayment for Batesville caskets and sought to enjoin Defendants’ allegedly anti-competitive conduct. The district court denied class certification and later, after Plaintiff-Appellants settled their claims with Stewart, dismissed Plaintiff-Appellants’ action against the non-settling remaining Defendant-Appellees for lack of subject matter jurisdiction.

For the following reasons, we reverse and remand the dismissal of Plaintiff-Appellants’ § 4 claims for lack of subject matter jurisdiction, affirm the dismissal of Consumer Appellants’ and FCA’s action for injunctive relief for lack of subject matter jurisdiction, and affirm the denial of class certification.

FACTS AND PROCEEDING

FCA is a non-profit consumer rights organization devoted to advocating consumers’ right to choose a meaningful, dignified, and affordable funeral that claims 400,000 individuals as members of its national organization or its local affiliates. Consumer Appellants are eleven individuals who each purchased a Batesville casket from SCI, Alderwoods, or Stewart. No ICD is a party to this matter.

On November 24, 2008, Magistrate Judge Calvin Botley recommended that the Plaintiffs’ Motion for Class Certification be denied in a 30-page Memorandum and Recommendation (“M&R”). On December 29, 2008, Plaintiffs filed objections to the M&R, attaching two additional expert reports from Dr. Gregory Vistnes.

On March 26, 2009, United States District Judge Kenneth Hoyt adopted the M&R denying class certification.

Following the denial of class certification, Plaintiffs settled their claims against Stewart on June 15, 2010 (the “Stewart settlement”). In response, Defendants filed an expedited motion to strike Plaintiffs’ jury demand, which was denied by Judge Hoyt on July 13, 2010. Two days later, Plaintiffs filed an expedited motion to dismiss for lack of subject matter jurisdiction. After briefing and oral argument on August 2, 2010, the district court granted Plaintiffs’ motion on September 27, 2010. The district court determined that because of the settlement with Stewart, Plaintiffs had lost standing to continue to sue the remaining Defendants.

[336]*336DISCUSSION

A. Subject Matter Jurisdiction

When reviewing a dismissal for lack of subject matter jurisdiction, we review factual findings for clear error and legal conclusions de novo. Krim v. pcOrder.com, Inc., 402 F.3d 489, 494 (5th Cir.2005).

Article III standing requires: (1) that Appellants have suffered an injury-in-fact; (2) a causal connection between the injury-in-fact and Appellees’ conduct; and (3)that it is likely, not merely speculative, that a favorable decision will redress the injury-in-fact. James v. City of Dallas, 254 F.3d 551, 563 (5th Cir.2001) (internal citations omitted).

1. Damages claims

The record is clear that Appellants are not seeking compensatory damages beyond those agreed to in the Stewart settlement. Appellants argue, nonetheless, that the Stewart settlement did not cover the attorneys’ fees and costs available to them under § 4 of the Clayton Act in this ongoing suit against multiple Defendants other than Stewart. Appellants seek to proceed with this cause of action to prove that the remaining Defendants, Appellees herein, violated federal antitrust laws triggering Appellants’ statutory right to attorneys’ fees and costs whether or not the Consumer Appellants seek further compensatory damages. The district court held that Appellants did not have standing to recover such attorneys’ fees and costs because:

Here, the consumer plaintiffs alleged overcharges by the defendants in an amount less than $22,000 each. They settled their suit for an amount far greater than each could recover were the ease successfully tried to conclusion. Hence, there are no damages that the consumer plaintiffs could recover against the remaining defendant [sic]. And, because the consumer plaintiffs’ damages are quantifiable, as evidenced by their settlement, no irreparable injury is articulated even if a Clayton Act violation occurred .... The result is that the consumer plaintiffs’ claim for actual injury under the Clayton Act is rendered moot by their settlement ....

Under our precedent, however, Consumer Appellants have standing to resolve § 4 antitrust claims to decide entitlement to attorneys’ fees and costs even if a settlement with one defendant means that no additional compensatory damages will be assessed.

The Clayton Act provides any successful plaintiff a mandatory award of costs and attorneys’ fees. 15 U.S.C. § 15(a). Section 4 of the Clayton Act states that, “any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor ... and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee.” Id.

The plaintiffs have a right under § 4 to sue for the statutorily mandated costs and reasonable attorneys’ fees even if a settlement with one defendant means that no additional compensatory damages actually will be recovered. The plaintiffs’ right to recover attorneys’ fees from the defendants depends on whether the plaintiffs can succeed in “demonstrating that the defendants] violated the antitrust laws and can establish the fact of damage.” Sciambra v. Graham News (Sciambra II), 892 F.2d 411, 415 (5th Cir.1990). The plaintiffs’ settlement with one defendant does not prevent them from recovering costs and attorneys’ fees to which they may be entitled from the remaining defendants because, by entering into a settlement agreement, “a party releases only those other parties whom he intends to

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695 F.3d 330, 83 Fed. R. Serv. 3d 890, 2012 WL 4009762, 2012 U.S. App. LEXIS 19224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funeral-consumers-alliance-inc-v-service-corp-international-ca5-2012.