Smith v. AirTouch Cellular of Ga. Inc.

Plaintiffs could not sue defendant for rounding up its billing for air time rates to the next minute, because the plaintiffs were class action members in a multi-state suit against defendant involving identical claims.

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On January 17, 1997, Joel Griffin filed suit against AirTouch Cellular of Georgia, Inc., in Civil Action E55480, Fulton Superior Court, because AirTouch rounded up its billing for air time rates to the next minute without contract or Public Service Commission authorization, and he sought class action certification for his suit. On March 2, 1997, Doug Smith in Civil Action E56092, Fulton Superior Court, brought a similar suit against AirTouch. On March 11, 1997, Marlene S. Sharple and G. Katherine Saba in Civil Action E56074, Fulton Superior Court brought a similar suit against AirTouch.

AirTouch answered each suit and pled as its first defense res judicata: that a Georgia resident, Darryl B. Cohen, sued AirTouch on the same basis on September 12, 1995, in Darryl B. Cohen v. AirTouch Cellular, Inc., in Civil Action Number 972438, California Superior Court of San Francisco County; that a class action was granted for California, Georgia, Kansas, Michigan, and Ohio; that the suit was amended to include AirTouch of Georgia, Inc. as a defendant; that on July 19, 1996, the trial court approved the notice to all past and present subscribers of AirTouch’s celluar telephone service; that notice went to current subscribers through their August and September statements; that former subscribers received notice by repeated publication in each market; that AirTouch paid the cost of notice, $871,777.88; that on December 13, 1996, the trial court approved the settlement as final and binding on all class members who had not opted out; that class notice went to each of the plaintiffs; and that none of the plaintiffs timely opted-out of the class action settlement. On April 29, 1998, the California Court of Appeals affirmed the settlement.

Smith v. AirTouch Cellular of Ga. Inc.

Plaintiffs could not sue defendant for rounding up its billing for air time rates to the next minute, because the plaintiffs were class action members in a multi-state suit against defendant involving identical claims.

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