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Posts tagged Judge Cote

Judge Cote certifies consumer suits for class action in Apple antitrust case
March 29, 2014 | 7:45 am

Calling it a “paradigmatic antitrust class action,” Judge Denise Cote has granted class-action certification to the consumers whose suit against Apple makes up one third of the intricate bundle of cases she is presiding over in the Apple antitrust trial. (The other two thirds are, of course, the actions brought by the Department of Justice and the state attorneys general.) She also denied Apple’s request to disregard the plaintiff’s damage expert, and threw out the opinions of the experts Apple had consulted in regard to damages. Not many surprises there for anyone who’s been following the trial so far. ...

Apple antitrust plaintiffs ask for $840 million in damages
February 3, 2014 | 3:43 pm

The Apple e-book case proceeds apace. The class plaintiffs filed a brief asking for summary judgment of damages and putting forward their estimate of the final damage to consumers as being between $231 and $280 million—18.1% of the revenue taken in from e-books during the period in question. With the treble damages, that means Apple could be on the hook for as much as $840 million altogether. Apple has, of course, objected to the estimate, and seeks to bar the testimony of Stanford economist Roger Noll who came up with it. Though, as plaintiffs’ lawyer Steve Berman pointed...

Department of Justice files objection to temporary Apple antitrust monitor stay
January 24, 2014 | 9:18 pm

The filing doesn’t seem to be on PACER yet, and I haven’t been able to find any other link to the filing, but in keeping with the declared deadline of close of business Friday, the Department of Justice has filed its opposition to Apple getting a temporary stay of the anti-trust monitor. CNET and the Wall Street Journal have the coverage and some quotes from the filing. CNET: "In any event, the district court did not exceed its authority in ordering an external monitor for Apple or abuse its discretion in declining to disqualify the...

Appeals court issues temporary stay of Apple antitrust monitorship pending hearing the appeal
January 21, 2014 | 4:39 pm

The Second Circuit Court of Appeals just issued a temporary stay (PDF) of the antitrust monitorship over Apple pending further review by a three-judge panel. As I understand it, this isn’t really a full victory for Apple so much as it is a standard part of the process of appeal; they’re staying the monitorship only until they can hear the appeal in full. At that point they will decide whether it gets a permanent stay. There’s really not more to report than that right now. Even news sources like the New York Times simply follow it up with a...

Opinion filing details Judge Cote’s rationale for denying stay of Apple monitor
January 17, 2014 | 1:31 pm

Ever try to give a cat a bath? That’s the experience Judge Cote seems to be having trying to get Apple to play nice with its court-appointed antitrust monitor. She finally filed her opinion (PDF) on the decision she issued concerning Apple’s move for a stay and removal of Michael Bromwich yesterday. Computer problems at her court had prevented it from being filed earlier (PDF). The decision weighs in at a whopping 64 pages. As with her original decision in the matter, Judge Cote clearly didn’t want to leave anything to chance in the appeal. Over the course...

Judge Cote denies Apple request for stay and removal of Bromwich as monitor
January 14, 2014 | 10:17 am

Well, that went about as expected. Judge Cote made her ruling yesterday turning down Apple’s request for a stay of, and preferably the dismissal of, its court-appointed anti-trust monitor, Michael Bromwich. She hasn’t issued her opinion yet; I’ll keep checking throughout the day to see when it appears and update the story accordingly. [Update: Rather than update this post, I wrote a whole new one about it.] Reuters has a fairly sparse writeup, but Andrew Albanese at Publishers Weekly comes through with considerably more detail. The judge essentially demolished Apple’s arguments, noting that Bromwich’s actions were indeed in...

Latest Apple filing in antitrust case requests removal of Michael Bromwich as monitor
January 8, 2014 | 5:21 am

Thanks go to Mike for alerting me to Apple’s latest filing, supporting its request for a stay and requesting the removal of Michael Bromwich from the duty of antitrust compliance monitor. Since the filing is too new to have been covered in detail by anyone else yet, I went to PACER and snagged the relevant filings. In Apple’s cover letter (PDF) and motion supporting its request for a stay (PDF), the company’s counsel lay out its objections to Bromwich’s continued tenure as a compliance monitor. It complains that, by filing the declaration laying out his problems getting to speak...

DOJ, state, and consumer attorneys fire back at Apple over antitrust monitor stay request
January 1, 2014 | 11:18 am

Let’s ring in the new year with some news on the Apple antitrust case. Earlier this week Andrew Albanese at Publishers Weekly reported on a couple of matters pertaining to the case. First, Judge Cote turned down Apple’s request to have more time to depose Stanford economist Roger Noll, who was responsible for coming up with the damage figure of $307 million Apple is being hit with at the trial. Judge Cote did say Apple can file a sur-reply stating its objections. The more interesting news, though, has to do with the lawyers for the Department of Justice and...

Bob Kohn files appeal of publisher anti-trust settlements
December 23, 2013 | 6:10 pm

Ah, the schadenfreude continues. Andrew Albanese at Publishers Weekly reports that Bob Kohn has filed his appeal of the approval of the Macmillan and Penguin e-book settlements. In the hearing a couple of weeks ago, Judge Cote suggested it was unlikely he would be found to have standing to appeal the case, since he’s not a direct party to the case. However, Kohn is clearly going to keep filing appeals until the appeals courts turn him down. Kohn’s stance is that the price-fixing conspiracy entered into by the publishers and Apple was not actually illegal, since it served to...

DoJ fires back at Apple over anti-trust monitor issues
December 16, 2013 | 7:15 pm

Is Apple’s independent anti-trust monitor, Michael Bromwich, overreaching, as we reported Apple claimed last week? Not according to the Department of Justice. Andrew Albanese reports in Publishers Weekly on a recent letter to the court from the DoJ. U.S. attorney Lawrence Buterman accused Apple of trumping up concerns over the monitor in order to help make a case for a stay on the order pending its appeal. “The United States and Plaintiff States have reviewed Apple’s filings, and have spoken on multiple occasions with both Apple and Mr. Bromwich concerning Apple’s objections,” Buterman wrote. “Based on...

Apple wins some, loses some in final injunction in e-book case
August 28, 2013 | 3:25 am

Apple got some good news for a change yesterday, when Judge Cote decided to lighten the terms of the Department of Justice’s proposed injunction in her sentencing, Andrew Albanese reports in Publishers Weekly. Apple is getting an external antitrust monitor, but one that will focus mainly on training Apple employees in antitrust matters and helping Apple develop its antitrust policy—not messing with Apple’s business practices. The monitor will be in place for two years, with a possible extension to three if necessary. Apple also isn’t going to have to worry about having its app store regulated, or be...

Reviews suggest Apple antitrust case’s Judge Cote may have tendency to bias
August 20, 2013 | 12:25 pm

Is Judge Denise Cote biased? An article from Fortune’s Philip Elmer-DeWitt quotes a lawyers-reviewing-judges site to suggest that she has a habit of “deciding early on who the good guy is and who the bad guy is and ruling accordingly.” It also points out that, for all her complaints about the publishers and Apple being “unrepentant,” it is routine in settlements not to admit to any wrongdoing for a number of important legal reasons. Elmer-DeWitt also covered Cote’s response to Apple’s list of evidence it felt was “improperly admitted, excluded, or disregarded.” In her response, Cote...