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Retailers to Appeal Class Action Denial

8 Mar, 2002 By: Joan Villa

Attorney Jim Moriarty, representing more than 200 independent retailers in an antitrust lawsuit against Blockbuster and seven studios, said he expects to file this week an intent to appeal the California Superior Court judge's ruling that denied class certification.

Since the class denial means additional retailers cannot join in the existing case, Moriarty said he is organizing 2,000 to 3,000 stores to file other lawsuits in California that would also charge price fixing and price discrimination. His firm, Houston-based Moriarty/Leyendecker, recently mailed letters to 20,000 independent video retailers urging them to contact the U.S. Department of Justice and the attorneys general of their states to investigate and prosecute the antitrust allegations. He also asked them to hire attorneys who could file individual claims and then subpoena testimony and depositions in the two current cases, one in California and the other in U.S. District Court in San Antonio.

"I can't represent everyone in the country," Moriarty said. "What I'd like to do is have other lawyers come in and piggyback off the work we've done." Some court filings and depositions in the cases are available at www.blockbustercase.com.

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