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HEERWAGEN v. CLEAR CHANNEL COMMUNICATIONS

No. 04-0699-CV.

435 F.3d 219 (2006)

Malinda HEERWAGEN, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. CLEAR CHANNEL COMMUNICATIONS, Clear Channel Entertainment, Inc., Clear Channel Radio, Inc., and Clear Channel Broadcasting, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 10, 2006.

Attorney(s) appearing for the Case

Lee Squitieri, New York, New York (Maria J. Ciccia, Squitieri & Fearon, LLP, New York, New York; Kenneth A. Wexler, Jennifer Fountain Connolly, The Wexler Firm, LLP, Chicago, Illinois, of counsel), for Plaintiff-Appellant.

Jonathan M. Jacobson, Wilson Sonsini Goodrich & Rosati, New York, New York (Charles E. Biggio, Wilson Sonsini Goodrich & Rosati, New York, New York; Abid Qureshi, Jamie L. Berger, Akin Gump Strauss Hauer & Feld LLP, New York, New York; Dale A. Head, Richard A. Munisteri, Clear Channel Entertainment, Houston, Texas, of counsel), for Defendants-Appellees.

Before: CARDAMONE, McLAUGHLIN, and CABRANES, Circuit Judges.

CARDAMONE, Circuit Judge.

Plaintiff, a putative class representative, brought this civil antitrust action in the United States District Court for the Southern District of New York (Sprizzo, J.), charging violations of § 2 of the Sherman Act against defendants Clear Channel Communications, Inc., et al. Plaintiff initiated suit on June 13, 2002 seeking damages and injunctive relief. She amended her complaint two months later. Defendants moved unsuccessfully...

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