Boardman v. Pacific Seafood Grp., No. 15-35257 (9th Cir. 2016)Annotate this Case
Plaintiffs, a group of West Coast fishermen, filed suit againt Frank Dulcich, Pacific Seafood, and an Ocean Gold entity, alleging antitrust claims under the Sherman Act, 15 U.S.C. 1-7, and the Clayton Act, 15 U.S.C. 18. Defendants appealed the district court's decision granting a preliminary injunction to enjoin the acquisition and denying the motion to compel arbitration. The court affirmed the district court's order denying the motion to compel arbitration because plaintiffs' claims are not within the scope of the purported arbitration provision in the Resolution Agreement. The court also affirmed the district court's grant of a preliminary injunction where plaintiffs have shown a sufficient likelihood of success on the merits because plaintiffs did not release their claims in a prior settlement, plaintiffs have adequately demonstrated that the proposed transaction could substantially lessen competition, plaintiffs are likely to suffer irreparable harm in the absence of preliminary relief, the balance of the equities tips in plaintiffs' favor, a preliminary injunction is in the public interest, and the preliminary injunction is not overbroad.