Elsevier Inc. v. W.H.P.R., Inc.

MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO AMEND

McMAHON, District Judge:

INTRODUCTION

This case alleges, in substance, that Defendants conspired to defraud Plaintiffs— the publishers of many of the world’s leading scientific, technical and medical journals — by placing orders for the purchase of thousands of these journals at a lower or discounted “individual” subscription rate, rather than the higher “institutional” rate, and then reselling the journals to institutions for more than the individual rate. Plaintiffs assert a variety of state law…