Antitrust Law

After last-minute lead plaintiff substitution, iPod users seek $350M at trial and get zilch

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Image from Wikimedia Commons.

Corrected: A $350 million federal class action noteworthy for its last-minute appointment of a new lead plaintiff made it the jury this week—only to have the jury rule for the defendant company after about three hours of deliberation.

The jury on Tuesday found Apple Inc. not liable for allegedly suppressing competition against iPod music players because the software at issue was a genuine product improvement, the Wall Street Journal (sub. req.) reports.

After three original lead plaintiffs either dropped out of the case or were disqualified for not purchasing an iPod within the required time period, business consultant Barbara Bennett of Massachusetts was appointed in their place, the Associated Press reports.

The New York Times (reg. req.) also has a story about the jury verdict, which a lawyer for the plaintiffs says will be appealed.

Related coverage: “Judge boots lead plaintiff in $350M case at trial against Apple, orders counsel to find a substitute”

Updated Dec. 17 to correctly state that Apple was the defendant in the case.

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