Apple Inc. is hedging its bets in the sprawling e-books antitrust litigation, agreeing to a settlement on damages that allows the company to continue fighting a year-old decision that it’s liable for fixing e-book prices. The move allows Apple’s lawyers at Gibson, Dunn & Crutcher to avoid an August jury trial on damages conducted by U.S. District Judge Denise Cote in Manhattan, who’s ruled against Apple at nearly every turn.
Steven Berman of Hagens Berman Sobol Shapiro, one of the plaintiffs lawyers representing a class of e-books customers, disclosed the settlement, but not its terms, in a letter to the court on Monday. The deal, which is tentative and must be approved by Cote, would also resolve private lawsuits brought by attorneys general in 33 U.S. states and territories.
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