Mikey Campbell
The U.S. Court of Appeals for the Second Circuit on Friday issued a brief order agreeing to consider Apple's motion for a stay of the upcoming e-books damages class action suit leveled by 33 states and a group of consumers.
In the concise filing, the Second Circuit referred to a three-judge panel Apple's request for a stay of class notification, as well as another for the damages trial as a whole, on appeal of a 2013 ruling that found the company guilty of e-books price fixing.
Further, the court granted an administrative stay of class notification, which U.S. District Court Judge Denise Cote granted to a group of consumers in March, scheduled to be disseminated on Monday.
As noted by Reuters, the order comes two days after Judge Cote denied the same two Apple motions, including an administrative motion to stay class notice ahead of an appeal.
Apple lawyer Theodore Boutrous said in a letter to Judge Cote on Wednesday that the release of notification of class certification scheduled for Apr. 28 would cause irreparable harm to the company.
Plaintiffs in the case, which include a class of consumers and state attorneys general representing 33 states and territories in parens patriae capacity, have been pushing Judge Cote to get proceedings underway. The suit has already seen a delay from May to July.
Amber Neely
Malcolm Owen
Christine McKee
Chip Loder
Marko Zivkovic
Wesley Hilliard
18 Comments
I love it. I don't think Apple was price fixing anymore than Amazon was. Amazon just didn't like Apple playing in their sandbox. LMAO
Of course we will have to wait for the yo-yo togo up and down a couple more times before we can get an answer that may stick (for awhile).
So sick of Cote. Liking the appellate court.
Cote looks like a .....,
Lawyer's comment: 2 Thumbs up to the Appeals Court - This whole suit has been a JOKE - back stupid joke. I say this owning a great deal of Apple Long and Deep in the money calls, and small amount of Amazon. Apple/Jobs brought competitive pricing to the scene - without which Amazon/Bezos would have taken out all retain/mortar and then JACKED UP the price/cost of books. Shameful that lower courts let this get to this point. 2 Thumbs up to the Appeals Court - I say they grant the Stay, goes to Appeals -and the whole thing is thrown in the toilet as it should have. Apple brought/brings competition to the scene so Amazon does not monopolize (which is why I bought a little bit of Amazon stock .. thrilled it got wacked today) %u2026 Apple brings innovation and protects the consumer with competition.
I defy the government or any of the states to produce ANYONE who suffered damages due to what Apple is accused of doing. This is all a giant 'Chicago mob style shakedown'.