Fifth Circuit Affirms $4 Million Dollar NPR Antitrust Verdict
April 4, 2006
On March 20, 2006, The Fifth Circuit Court of Appeals affirmed a $4 million dollar verdict for Kay’s Kloset, a client of Nix, Patterson & Roach. Nelson Roach and Neil Smith represented Kay’s Kloset, along with co-counsel Ken Peterson and Bob Coykendall of Wichita, Kansas.
Kay’s was an independent retailer of Brighton purses, belts, shoes, and accessories. This family owned business attempted to sell Brighton goods at discount prices. Brighton refused to continue shipping products to Kay’s because it wanted Kay’s to sell Brighton products at higher prices. Brighton insisted that all retailers sell Brighton goods at the prices set by Brighton. After seeing numerous illegal contracts between Brighton and retailers agreeing to set prices on Brighton goods, the jury found that Brighton violated federal anti-trust price fixing laws. The jury awarded Kay’s their lost profits that resulted from Brighton’s illegal acts.