Apple and its lawyers at Latham & Watkins are hoping that an arbitration clause in AT&T Mobility’s contract with its iPhone customers can stop a proposed class action in its tracks — again.
Lawyers at Wolf Haldenstein Adler Freeman & Herz representing iPhone customers were dealt a huge setback back in December, when a federal district court judge in San Francisco decertified an antitrust class action against Apple and AT&T Mobility. Citing the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion, Judge James Ware ruled that AT&T could enforce a mandatory arbitration clause in its service agreement with users. What’s more, the judge held that even though Apple didn’t have its own arbitration agreement with the plaintiffs, the claims against the companies were so intertwined that Apple could escape the class action as well.
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