The Supreme Court of Appeals of West Virginia was scheduled to hear arguments today in The Book Exchange’s appeal of the dismissal of its lawsuit against West Virginia University and Barnes & Noble, but the parties settled their dispute yesterday. For a recap of the issues, here are the circuit court’s order, the Book Exchange’s brief, WVU’s brief, B&N’s brief, and The Book Exchange’s reply brief, all courtesy of the Supreme Court’s website.
According to Cheryl Caswell’s article in today’s (Charleston) Daily Mail, WVU will have to obtain prior authorization from a student before setting aside a portion of his or her financial aid money to purchase textbooks and other items in WVU’s bookstore. The Book Exchange had claimed that WVU’s practice of withholding up to $500 per semester from a student’s financial aid and requiring that the funds be spent at WVU’s bookstore was unfairly competitive. If a student does not wish to participate in the program, the funds will be distributed directly to the student. The Book Exchange will not receive any money in the settlement.
Here is my post discussing the circuit court’s dismissal of The Book Exchange’s claims for state antitrust violations, unfair trade practices, and consumer protection law violations.