Antitrust Law Daily Wrap Up, ANTITRUST—W.D. La.: Nursing board collusion suit transferred to Baton Rouge, (Sep 11, 2015)

By Greg Hammond, J.D.

A suit alleging that the Louisiana State Board of Nursing (LSBN) colluded with its members to exclude a public university from recognition as an accredited nursing education provider, in violation of the Sherman and Clayton Acts, was transferred to the federal district court in Baton Rouge. In partially granting the LSBN’s motion to dismiss, the federal district court in Monroe, Louisiana, determined that the substantial part of the events giving rise to the claim in this case all occurred in Baton Rouge (Rodgers v. State of Louisiana Board of Nursing, September 10, 2015, James, R.).

Kourtney S. Rodgers is a student at Grambling State University, pursuing a bachelor’s of science in nursing. She alleges, however, that the LSBN sent notice to Grambling, notifying the school of the decision to terminate the bachelor’s of science in nursing program due to the school’s failure to maintain an 80 percent “First Time Taker Pass Rate” on the National Council Licensure Examination for registered nurses. Rodgers asserts that the LSBN’s reliance on the 80 percent rate to terminate the bachelor’s program created a restraint on trade and commerce, in violation of Section 1 of the Sherman Act and Section 15 of the Clayton Act. The LSBN moved to dismiss, arguing improper venue.

The court agreed that venue is not proper in the Western District of Louisiana. It noted that the only defendant is the LSBN, which is domiciled in Baton Rouge. Moreover, the LSBN’s actions—which are the heart of the law suit and form the substantial part of the events giving rise to the claim—all occurred in Baton Rouge. The court consequently granted the LSBN’s motion to dismiss, but denied the motion to the extent it sought dismissal with prejudice. Instead, the court transferred the case to the federal district court in Baton Rouge.

The case number is 15-2176.

Attorneys: Dianne L. Hill for Kourtney S. Rodgers. E. Wade Shows (Shows Cali & Walsh) for State of Louisiana Board of Nursing.

Companies: State of Louisiana Board of Nursing

Cases: Antitrust LouisianaNews