Bankrupt magazine wholesaler Anderson News LLC and its creditors will get a second chance to challenge national magazine publishers and distributors whom Anderson alleges conspired to drive it out of business. The U.S. Court of Appeals for the Second Circuit vacated a dismissal yesterday and said Anderson can submit an amended complaint to satisfy the pleading requirements set forth by the U.S. Supreme Court in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009).
Anderson sued American Media Inc., Time. Inc., three other magazine publishers, four distributors and the major wholesaler Hudson News Distributors claiming the defendants organized a boycott in violation of the Sherman Act §1 after Anderson imposed a seven cent surcharge on Jan. 14, 2009, on every magazine it distributed. Anderson was forced into bankruptcy liquidation on March 2, 2009.
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