PW: Appellate Court Dismisses Suit Against C&G

A four-judge panel from the New York appellate court has dismissed a motion to make a 1998 lawsuit against Carroll & Graf Publishers a class action suit. The suit charged C&G with underreporting royalties and withholding an unreason-able reserve against returns (News, Feb. 8, 1998).

The panel ruled that plaintiffs had "failed to meet their burden of establishing that class certification is appropriate." Herman Graf, president of C&G, told PW, "We felt all along that we would be vindicated."

Still, the suit is not over. Jerome Noll, attorney to the five authors/plaintiffs, told PW he has asked the courts "for permission to appeal." Noll said that whatever the result of his appeals the suit would continue.