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5 Cards in this Set
- Front
- Back
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3 things a private plaintiff can get |
1. Injunction 2. Damages 3. Fees |
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Goldfarb v Virginia State Bar (1975) |
Fee schedule set up by the county bar - stated that you could be disbarred if priced below a certain level.
Agreed minimum: 1% of the house price |
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Goldfarb issues/defense arguments:
'interstate commerce' |
Interstate commerce is a Sherman Act requirement.
Q: how serious a burden is that for the plaintiffs?
Court: the very fact that Goldfarb is coming from out of state is enough +/ that the insurance comes from out of state. So easy to meet. |
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Goldfarb issues/defense arguments:
'purely advisory' |
The court rejected this out of hand. Argued that the price set is non-binding and merely advisory.
Purpose / effect of the agreement was to stabilze prices. And that's per se illegal. |
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Goldfarb issues/defense arguments:
'Professional services' - i.e. the Sherman Act was never meant to apply to us. |
Court rejects this argument with a twist: Fn 17: Professional organizations may have to be treated differently but not in this case. |
