One of the absent class members challenged the settlement, asserting that the cy pres award is not “fair, reasonable, and adequate” compensation to class members and, without the cy pres component, class counsels’ attorney’s fees were unreasonable. Thus, although Gaos was advertised as the Supreme Court’s first foray into cy pres awards, it ultimately proved to be the wrong vehicle for the …
Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation. The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services. In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.
Apple’s hopes to get an App Store antitrust lawsuit dismissed have fallen flat, with the US Supreme Court giving the go-ahead to a case alleging the iOS software download store is, indeed, a monopoly situation. It insisted that App Store customers were those of third-party developers using the download store to sell their titles, …
Thursday, the labor cabinet sent a subpoena to the Department of Education in another attempt to get the names. The labor secretary filed paperwork saying the suit belongs in front of a federal judge because it alleges issues with the United States Constitution. This comes after as many as 10 school districts received subpoenas earlier this month from the state’s Labor Cabinet. Beshear sent a …
Richard Williams argued the Regional Health Authorities Act is relevant because it offers the province an “immunity provision.” Section 61(1) of the act states neither the province nor the minister of health is liable “for an act or omission of a regional health authority official, a person on the medical staff or nursing staff of a regional health authority or an employee or agent of a …
Mountaire is appealing an order from Judge Maryellen Noreika to the U.S. Court of Appeals for the Third Circuit. Action on the consent decree has been stayed by Delaware Superior Court Judge Richard Stokes until the federal court proceedings are resolved. In an April 12 court filing, Mountaire said it will begin the improvements despite not knowing how the legal process will play out. DNREC …
A ruling by the Ninth Circuit Court of Appeals last week will allow a class-action lawsuit to go forward against the Arizona child protection and public health care agencies on behalf of all children in foster care. The Ninth Circuit backs up a 2017 ruling by U. S. District Court Judge Roslyn Silver that B.K. This portion of the lawsuit was sent back to the district court for further …
Zillow is back in hot water: A class-action suit against the online real estate giant is moving forward after insider whistleblowers alleged that the company designed its controversial “co-marketing” program to violate federal anti-kickback laws. “Premier” agents and brokers, who receive prominent placement on Zillow-listed home sites, pay hundreds or thousands of dollars a month in advertising …
The controversial Leaving Neverland made its debut on March 3, but the estate of Michael Jackson and HBO are still fighting over the sex abuse documentary in a $100 million lawsuit. And, put it this way, they didn’t come to dance with the once proclaimed King of Pop’s crew. The matter went over to federal court in early March for jurisdictional reasons just over a week after Leaving Neverland …
The Supreme Court is staying out of a lawsuit involving the television show “Empire.” The high court said Tuesday it won’t take a case involving the Fox show, which follows a black family navigating the ups and downs of the record industry. That means a decision in favor of “Empire” co-creators Danny Strong and Lee Daniels stands. Actor Clayton Prince Tanksley sued in 2016, claiming that “Empire” was substantially similar to a television show he had pitched at a competition in 2008.