Plaintiffs Pitch Dueling Visions, One Big & One Small, to Judge in iPhone MDL
The judge overseeing claims Apple deliberately slowed older iPhones heard leadership pitches in front of a courtroom full of about 40 lawyers Thursday, with another 10 or so on the phone.
May 10, 2018 at 05:01 PM
4 minute read
SAN JOSE — Lawyers vying to lead the multidistrict litigation targeting Apple Inc. with claims related to the diminished performance of older iPhones laid out starkly different visions for what the structure of the plaintiffs' team should look like.
U.S. District Judge Edward Davila of the Northern District of California, who is overseeing about 80 class actions claiming Apple intentionally and surreptitiously slowed down older iPhones to nudge consumers to buy newer devices, heard leadership pitches in front of a courtroom full of about 40 lawyers Thursday, with another 10 or so on the phone.
|
➤➤ Never miss a litigation story from Law.com. Follow Litigation
While two individual lawyers—Steve Berman, of Seattle's Hagens Berman Sobol Shapiro and William Audet, of San Francisco's Audet & Partners—pitched a lean leadership structure, most of the lawyers present were part of a broad a coalition led by Joseph Cotchett of Cotchett, Pitre & McCarthy in Burlingame and Laurence King of San Francisco's Kaplan Fox & Kilsheimer. The coalition is proposing a much more formalized structure involving 42 lawyers at 40 firms, each with designated tasks.
At the top of Thursday morning's hearing, Davila laid out some preliminary thoughts on the pitches the lawyers made in their briefing. The judge told Berman, who had pitched his firm's technical expertise, that while he thought the case would involve “significant discovery,” he didn't anticipate the need for people “highly skilled” in computer coding to handle the case. Davila said he was open to Audet's suggestion that a special master or mediator be brought on early in the case to try to push toward a quick resolution. But the judge expressed initial skepticism toward the coalition's large structure.
“I think that's a little large and I think I'd like to see something that's a little more efficient,” Davila said. Davila added he's looking for something a bit more “lean and mean,” but said he wanted to pick a team focused on “cooperation and communication” with everyone involved in the case. Davila also took the unusual step of asking all the plaintiffs counsel if they had received third-party financing to help fund the case. All three groups said that they had not.
➤➤ Want deeper coverage of class action and mass tort litigation. Sign up here for Critical Mass by Amanda Bronstad.
In another rare move in the run-up to the hearing, Apple's counsel at Gibson, Dunn & Crutcher filed a brief expressing concern about the coalition's proposed structure, calling it “a recipe for gridlock, not efficiency.” At Thursday's hearing, Gibson Dunn's Christopher Chorba said it was unusual for Apple or his firm to get involved at the leadership selection stage.
“Two of the three applications before you are saying the same thing we are,” said Chorba, speaking of the smaller pitches' critique of the large one. “We very rarely agree in these cases, but we do agree on that.”
“So you're suggesting start small and grow if you need?” asked the judge.
“Exactly,” said Chorba.
Speaking on behalf of the coalition later in the hearing, Kaplan Fox's David Straite said that starting small and asking the court for permission to grow later could tip the plaintiffs' strategy to Apple via staffing. Straite and others who spoke on the coalition's behalf said it was modeled on the large structure that U.S. District Judge Charles Breyer endorsed in the Volkswagen vehicle emissions cases.
“This team was proposed as a cohesive unit,” Straite said. “A lot of work went into [figuring out] who works well with others … not because of politics, but because we vetted and cooperated and worked together for several months.”
Davila said at the end of the hearing that he hoped to have an order out shortly.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNavigating Twitter's 'Rocky Deal Process' Helped Drive Simpson Thacher's Tech and Telecom Practice
In Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readPre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute readTrending Stories
- 1Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 2Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 3Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 4'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 5Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250