Separately, last week Barnes & Noble (s BKS) and the American Booksellers Association requested permission to file an amici curiae, or «friend of the court,» brief in the case, saying that «if the Court were not to permit ABA and Barnes & Noble to serve as amici in this matter, it is likely that DOJ's numerous
arguments in that filing that are specifically directed
against Barnes & Noble and ABA, complete with their
factual inaccuracies, would go unrebutted by any party currently before the Court.»
The Brokerage's first
argument was that it did not receive adequate notice of the charges
against it because the complaint did not contain specific
factual allegations but instead only cited the rules the Brokerage had allegedly violated and attached a copy of the advertisment.