United States v. Erdman

This is the second appeal in this class action arising under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.A. § 1961 - 1968 (West 1984 & Supp. 1991). The H.J. class consists of all purchasers of "telecommunications goods and services" from Northwestern Bell Telephone Company between 1980 and 1986. The H.J. class alleged that Northwestern Bell bribed members of the Minnesota Public Utilities Commission for the purpose of influencing the officials in setting telephone rates in Minnesota. The H.J. class alleged violations of Minnesotas bribery statute, Minn. Stat. Ann. § 609.42 (West 1987), and Minnesota common law (Count I), and several provisions of RICO. (Counts II-V). The district court dismissed the H.J. classs complaint, holding that its RICO claims were barred by the filed rate doctrine and that its state law claims were barred by res judicata. H.J., Inc. v. Northwestern Bell Tel. Co., 734 F. Supp. 879, 888 (D. Minn. 1990). We affirm.