Judge Denise Cote Certifies Class Action Against Apple

Apple just got dealt more blows in the damages portion of the ebook price fixing case that it lost. Judge Denise Cote made the rulings yesterday. Judge Cote granted class action status in the consumer and state cases. Certifying a class is a difficult hurdle and the fact that the judge granted it does not bode well for Apple. Judge Cote denied Apple's motion to strike the testimony of the government's expert witness, Roger Noll. Noll's mathematical analysis says that Apple should pay a whopping $846 million in damages, minus the $166 million paid by the settling book publishers. This ruling was not surprising.

The government had requested that the testimony of Apple's expert witnesses, economists Joseph Kalt and Jonathan Orszag, be struck. The judge did not rule on that motion directly, but did strike most of their testimony as it related to the class action certification.

Apple should have settled this case long ago, when the publishers did. The judge believes that Apple is wasting the court's time. Apple, however, shows no sign of stopping and no doubt will appeal this ruling as well. You can read Judge Cote's full, 86 page opinion, here.

Posted on March 29, 2014

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