Antitrust Law

Does $350M case at trial against Apple have a lead plaintiff? Judge hasn't yet ruled

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One of two lead plaintiffs dropped out of a $350 million antitrust class action against Apple Inc. last week, after lawyers for the computer goliath questioned whether she had purchased one of the iPods at issue in the California case.

However, the federal judge overseeing the trial that is now ongoing hasn’t yet ruled on Apple’s contention that the only other lead plaintiff didn’t purchase an iPod at the right time either, reports the Bits blog of the New York Times (reg. req.).

At least for now, U.S. District Judge Yvonne Gonzalez Rogers has accepted Apple’s submissions and is allowing the trial to continue.

“We want to win this case on the merit, and we think we’re going to,” attorney William Isaacson, who represents Apple, told the judge on Monday. “So we have not pushed to have this decided.”

Attorney Bonny Sweeney represents the plaintiffs. She has argued that even if both women were to be disqualified as lead plaintiffs, the appropriate next move would be to substitute another lead plaintiff rather than dismiss the case.

Related coverage: “Uh-oh. Did lead plaintiffs seeking $350M in Apple trial purchase iPods as required?”

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