United States Fifth Circuit

In an action brought by former distributors of a newspaper owned by defendants alleging breach of contract, wrongful termination, and antitrust claims, Rule 12(b)(6) dismissal of the suit is affirmed as: 1) a state court rendered final judgment on the merits on December 8, 2003, and hence certain plaintiffs' attempted nonsuit on December 19 was not effective with respect to the claims disposed of by the prior order; 2) thus, res judicata dismissal of the contract and wrongful termination claims was proper; and 3) for purposes of the antitrust claims, all plaintiffs lacked antitrust injury and standing.

Appellate Information

• Decided 09/18/2007
• Published 09/19/2007

Judges

Court

• United States Fifth Circuit

Counsel