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Antitrust
Unfair Competition
RICO

Bulletin Displays LLC, a California limited liability company v. Regency Outdoor Advertising Inc., a California corporation; West Hollywood Properties LLC, a California limited liability company; Brian Kennedy, Drake C. Kennedy, and Does 1 through 100, inclusive

Published: Nov. 17, 2012 | Result Date: Jan. 5, 2012 | Filing Date: Jan. 1, 1900 |

Case number: SACV05-1083-CJC (ANx) Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Duane R. Lyons
(Quinn, Emanuel, Urquhart & Sullivan LLP)

Steven G. Madison
(Quinn, Emanuel, Urquhart & Sullivan LLP)

Anthony P. Alden


Defendant

Mark D. Baute
(Baute, Crochetiere, Hartley & Velkei LLP)

David P. Crochetiere
(Baute, Crochetiere, Hartley & Velkei LLP)

Patrick M. Maloney
(The Maloney Firm APC)


Experts

Plaintiff

Donald T. Sutte
(technical)

Defendant

William S. Mowrey
(technical)

Donna Desmond
(technical)

Facts

Plaintiff Bulletin Displays LLP sued defendants Regency Outdoor Advertising Inc., Drake Kennedy, Brian Kennedy, and West Hollywood Properties Inc., alleging violations of the Racketeering Influenced and Corrupt Organizations Act (RICO) and state and federal antitrust laws in connection with the parties' efforts to obtain billboard permits and contracts in the City of Lynwood.

Contentions

PLAINTIFF'S CONTENTIONS:
Bulletin contended that Defendants engaged in a scheme to bribe public officials, including the Mayor of Lynwood, Paul Richards, to influence the allocation of billboard permits and contracts in the City of Lynwood, between 1998 and 2001.

DEFENDANT'S CONTENTIONS:
Defendants contended that the billboard contract was awarded to them as a result of legitimate competition and the highest bid, and that Bulletin and its principal Mark Kudler were not awarded the contract by the Lynwood City Council in 2001, and for years thereafter, because they made low-ball offers to the City and attempted to leverage the City through multiple lawsuits instead of a fair offer.

Damages

Bulletin sought damages of between $14 million to $16 million against Defendants, which could have been trebled under the applicable statutes.

Result

After a 16-day trial, the jury returned a verdict in favor of Defendants and against Bulletin on all claims.

Other Information

Bulletin called as a trial witness former Lynwood mayor Paul Richards, who is presently serving a 16-year prison sentence for public corruption. Bulletin's motions for new trial and for judgment as a matter of law were denied by the Court on April 9, 2012. Bulletin's appeal was dismissed pursuant to a settlement between the parties. FILING DATE: Nov. 4, 2005.

Deliberation

three days

Length

16 days


#115195

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