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Joseph Sciambra D/B/A Periodical Marketing and Consulting Company, Plaintiff- Cross-Appellee v. Graham News Company, Ara Services, Inc., Cross-Appellant

Citation: 841 F.2d 651Docket: 86-3501

Court: Court of Appeals for the Fifth Circuit; May 17, 1988; Federal Appellate Court

Narrative Opinion Summary

In this antitrust litigation, the appellant, Joseph Sciambra, operating as Periodical Marketing and Consulting Company, contested a default judgment issued by the Eastern District of Louisiana against ARA Services, Inc. due to discovery noncompliance. The core legal issue involved the proper calculation of damages under antitrust statutes after ARA's business was sold to Graham News Company and Sciambra alleged antitrust violations under the Sherman and Clayton Acts. The district court had awarded damages to Sciambra, subtracting a settlement from ARA's alleged coconspirator before tripling the remaining amount. Sciambra appealed, arguing for a different damages calculation method, while ARA cross-appealed on grounds of improper default judgment, lack of jurisdiction, and flawed damages assessment. The Fifth Circuit affirmed the lower court's jurisdiction and upheld the default judgment but required a recalculation of damages, emphasizing that the award should be trebled before deducting any settlement amounts. The court remanded the matter for reassessment of damages based on lost profits during the period Sciambra could not operate, rejecting ARA's claim that the settlement negated jurisdiction. The decision was affirmed in part, reversed in part, and remanded for further proceedings to correctly apply antitrust damages principles.

Legal Issues Addressed

Damages Calculation Under Antitrust Law

Application: The court reversed and remanded the damages calculation, requiring the district court to triple the award before deducting the settlement amount.

Reasoning: The court reversed and remanded the case solely on the damages calculation, stating that the district court incorrectly based the damages on the ongoing value of Sciambra's business despite its sale, and instructed the district court to triple the award before deducting the settlement amount.

Jurisdiction in Antitrust Cases

Application: The court maintained jurisdiction despite ARA's argument that the settlement with Graham divested the court of subject matter jurisdiction.

Reasoning: The Fifth Circuit upheld the court's jurisdiction and affirmed the default judgment sanction.

Precedent on Trebling Damages

Application: The court agreed with Sciambra's position that the award should be trebled before any deductions, citing established case law.

Reasoning: Citing established case law, the court stated that deducting the settlement prior to trebling would unfairly reduce plaintiffs' recovery.

Sanctions under Fed. R. Civ. P. 37

Application: The court imposed a default judgment as a sanction for ARA's failure to comply with discovery orders.

Reasoning: Numerous sanctions were imposed on ARA for discovery violations, culminating in a default judgment, costs, and attorney's fees due to repeated non-compliance with court orders before the trial.