United States Ninth Circuit

In a putative class action against retail drug stores filed by a plaintiff who had been part of a previously settled class action against a wholesale prescription-drug distributor and a publisher of information about prescription drugs, the district court's dismissal of the complaint is affirmed, where: 1) the district court properly considered the evidence the parties presented and concluded that a covenant not to sue in the settlement agreement was intended to bar against third parties claims that were related to the claims released; 2) enforcing the prior judgment and settlement agreement against the plaintiff, including the covenant not to sue, did not violate the plaintiff's due process rights; and 3) the elements of issue preclusion were met.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Rosenthal

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• R. Bryan McCulley, Fred A. Kelly, Jr.