LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019

United States Court of Appeals for the Second Circuit · 2019-04-25

15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

15 U.S.C. § 1

Role: applied; posture: civil; bar-review company for foreign LL.M. students sued a rival bar-review company and law schools under §§ 1 and 2 and RICO, alleging a conspiracy to exclude it from law school campuses; district court dismissed the complaint under Rule 12(b)(6); CA2 affirmed per curiam, adopting the district court's reasoning; result: claimant-lost; claim:

Uncertainty

Element agreement: route: the reasoning is in the adopted district court opinion, not in this text. `inference-from-conduct` rests on the panel's own contrast between the parallel campus bans and the student complaints that independently explain them; `_pleading` (conclusory allegations) is the other candidate.

Element agreement: holding: one sentence disposes of the § 1, § 2 and RICO claims together; that the failure is on the agreement element is taken from the panel's description of the district court's ruling on the "core claim that Barbri and the law schools conspired."

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 11

15 U.S.C. § 1
CaseConcerted action ("contract, combination ... or conspiracy") between separate economic decisionmakersUnreasonable restraint of trade (Standard Oil Co. v. United States)Restraint of trade or commerce among the several States or with foreign nationsPrivate antitrust injury and fact of damage (Clayton Act §§ 4, 16; Brunswick Corp. v. Pueblo Bowl-O-Mat)Antitrust standing / efficient enforcer test (Associated General Contractors; Illinois Brick)Parker v. Brown state-action immunity (Midcal two-prong test: clearly articulated state policy + active state supervision)
LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019 (15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 7–11 of 11

15 U.S.C. § 1
CaseStatute of limitations (4-year civil under 15 U.S.C. § 15b; 5-year criminal under 18 U.S.C. § 3282)Law-of-the-case doctrine in consolidated/MDL antitrust proceedingsCriminal mens rea: knowing participation in the conspiracy or intent to restrain tradeAncillary restraints doctrine (restraint subordinate and collateral to a legitimate productive integration)Horizontal cartel / hub-and-spoke conspiracy operating through vertical or dual-distribution arrangements
LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019 (15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019 — not · pleaded (15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakersnot
Counted merits instance
applied / merits

basis: pleaded; party: LLM Bar Exam, LLC (LBE; bar-review provider for foreign LL.M. graduates, plaintiff) v. Barbri, Inc. and the defendant law schools; theory: conspiracy between Barbri and the law schools (and among the law schools) to give Barbri campus access and to exclude LBE from campus; subject: party=LLM Bar Exam, LLC (LBE; bar-review provider for foreign LL.M. graduates, plaintiff) v. Barbri, Inc. and the defendant law schools; theory=conspiracy between Barbri and the law schools (and among the law schools) to give Barbri campus access and to exclude LBE from campus

The per curiam gives no § 1 analysis of its own; it adopts LLM Bar Exam, LLC v. Barbri, Inc., 271 F.Supp.3d 547 (S.D.N.Y. 2017), which found the complaint, "shorn of its internal contradictions and conclusory assertions," did not plausibly support the core conspiracy claim.
campus bans of a bar-review vendor by several law schools; the complaint's own exhibits show each school reacting to student complaints
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face."
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [5416:5577] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

At various times between 2010 and 2016, LBE was banned from campus or otherwise prevented from "tabling, advertising, renting classrooms and selling its product to Foreign LL.M. Students" by all the defendant law schools.
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [2595:2816] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

LBE alleges some of the schools decided to suspend LBE from campus "without any reason or explanation," id . at 20; see also id . at 45, 49, and other schools banned LBE due to the interference and negative comments of a Barbri representative.
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [2844:3087] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Other allegations and the exhibits attached to the FAC suggest, however, that the law schools took action against LBE when administrators became concerned in response to a variety of complaints from students.
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [3088:3296] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

As the District Court noted, the FAC does not indicate whether the alleged agreements between Barbri and the law schools are oral or written.
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [6849:6990] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Upon review, we conclude that the District Court properly granted Defendants-Appellees' motion to dismiss because the FAC does not state a plausible claim to relief. We therefore adopt the District Court's discussion in all respects.
Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [5692:5925] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case