Below is the first part of an article by Andrew Albanese from Publishersweekly.com. It reads…..
Apple is seeking to kill the states and consumer class action against it—and a potential multi-million dollar damages award—by reasserting an argument that failed in its federal price-fixing trial: that its entry into the e-book market was “pro-competitive” and beneficial to consumers.
In motions filed last week, Apple detailed its argument against class certification, asserting that recent Supreme Court decisions, including a landmark ruling in Wal-Mart Stores, Inc. v. Dukes et al., precludes the kind of “trial-by-formula” pressed by the plaintiff states and the consumer class. “Instead, class certification in this case turns on, among other things, whether Plaintiffs can establish through common proof, not only injury to competition in the market generally, but alsoinjury to each individual plaintiff and his or her damages.”
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Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Twitter, Manta, Facebook, Squarespace, Dot Com