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  • Judge Denies Apple's Motion to Stay in E-Books Damages Trial


    In another denial of Apple’s attempts to stop an impending e-books damages trial, US District Court Judge Denise Cote recently shot down two motions for a stay, making it clear she intends to kick off proceedings as soon as possible. Judge Cote’s order denying Apple’s motions was filed alongside letters from state attorneys general and class plaintiffs, both of which are supposed to further delaying a trial start date.

    The jurist noted that the upcoming trial, slated to begin on July 14, was already pushed back once from May 2014 to allow for class notice and pre-trial procedures. She points out that Apple itself asked for class certification to be conducted after the case’s liability trial.

    In July of 2013, Judge Cote found Apple guilty of colluding with five major book publishers to falsely inflate the prices of e-books sold through its iBookstore. The antitrust case was leveled by the US Department of Justice and resulted in an injunction against Apple and the appointment of external antitrust monitor Michael Bromwich.

    Following the DOJ action, a joint damages trial was scheduled to commence with plaintiffs including a class of consumers and state attorneys general representing their constituency. Judge Cote granted class status to the group of consumers in March while the 33 states and territories were allowed in on the suit after Apple lost a bid to prove lack of standing earlier in April. As far as the recent denial, Apple entered its own letter with attorney Theodore Boutrous formally requesting a ruling on the company’s motion to stay as the case is being appealed to the Second Circuit Court of Appeals. Barring an order, Apple asked for an administrative stay to seek relief before the court disseminated class notice, something Boutrous said would irreparably harm the company.

    Eric Lipman, an assistant attorney general for the state of Texas previously filed a letter on behalf of state attorneys general suing Apple in a parens patriae capacity. In it, he said the present litigation will proceed regardless of Apple’s appeal. Lipman wrote the following regarding the matter:

    And Apple has utterly failed to identify the irreparable harm that will arise from the dissemination of notice, the Court should not countenance Apple's latest effort to further delay a jury's determination of the damages caused by Apple's illegal conduct.
    The class plaintiffs echoed Lipman in its letter to Judge Cote, saying the following:

    A stay of class notice will almost assuredly delay the July 14 trial. This is simply another
    Apple delay maneuver (which the Court rejected previously) - or effort to further balkanize these
    proceedings.
    Later in the day, Apple sent a separate request to the Second Circuit asking the appellate court to intervene in the damages trial, reports Reuters. Apple's filing with the Second Circuit mentioned the following:

    The district court is [...] pressing forward with class notice and a trial in both cases in July, despite the irreparable harm to Apple's reputation among its consumers if class notice is disseminated.
    Apple’s efforts were shut down and Judge Cote will likely detail her ruling in an opinion to be filed in the near future.

    Source: Reuters via AppleInsider
    This article was originally published in forum thread: Judge Denies Apple's Motion to Stay in E-Books Damages Trial started by Akshay Masand View original post
    Comments 2 Comments
    1. tridley68's Avatar
      tridley68 -
      Don't hate on Apple Judge just because you think you have balls under that black cape.
    1. unison999's Avatar
      unison999 -
      Apple dragging this on is causing them more harm, more people will hear about it and cause more harm to their reputation.
      Should just ask what is the damage and how much do I pay? Done! Let me pull out a few million out of my pocket and lets move on so this can be forgotten by the masses.