Abid, et al. v. Super Sightseeing Tours, Grosvenor Bus Lines and its parent CUSA Tours, Tower Tours
Published: Feb. 10, 2007 | Result Date: Nov. 28, 2006 | Filing Date: Jan. 1, 1900 |Case number: CGC-03-424619 Settlement – $3,115,000
Court
San Francisco Superior
Attorneys
Plaintiff
Kimberly A. Kralowec
(Kralowec Law PC)
Defendant
Julianne Pinter
(Ogltree, Deakins, Nash, Smoak & Stewart)
Jeffrey V. Commisso
(Sheppard, Mullin, Richter & Hampton LLP)
Experts
Plaintiff
Dr. Douglas F. Greer
(technical)
Clifford Kupperberg
(technical)
Facts
Plaintiffs Ali Abid, John Keating, Armando Legaspi and Jon Palewicz are hotel bellpersons. They received $15 commissions for selling the basic San Francisco city tour for tour companies, defendants Super Sightseeing Tours, Grosvenor Bus Lines and its parent CUSA Tours, and Tower Tours. They earned higher commissions for other tours.
In spring 2003, defendants informed plaintiffs that commission cutbacks would be implemented. Plaintiffs filed a class action antitrust lawsuit on behalf of themselves and numerous other bellpersons and concierges. They claimed that defendants had concocted a plan to price-fix the commissions in violation of California antitrust and unfair competition laws. The president of defendant Super Sightseeing eventually admitted under oath that the tour companies had come to an agreement to institute a cutback in commissions to the uniform level of $10.
Damages
Plaintiffs claimed the difference in commissions, injunctive relief and other remedies.
Result
Settlement. After the lawsuit was filed, defendants returned to providing the $15 commissions for their basic city tours. The value of the commission restoration has been estimated to exceed $1.5 million from April 2003 through June 2006. The remaining defendants reached a settlement with plaintiffs for an additional $3.1 million and injunctive relief.
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