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Apple, States Settle E-book Damages

Tuesday, June 17, 2014   (0 Comments)
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By Andrew Albanese (for Publishers Weekly) --

In a major turn of events, attorneys for the plaintiff states and consumer class informed Judge Denise Cote on Monday that they have reached a settlement with Apple on monetary damages in the long running e-book case.

While the terms of the deal were filed under seal, plaintiff attorney Steve Berman told the court that the parties have "executed a binding agreement in principle" to resolve the damages phase of the litigation, with one major caveat: any final payment under the agreement will be contingent upon the outcome of Apple’s appeal of Judge Cote’s July 2013 verdict.

"As set forth in the memorandum of understanding, any payment to be made by Apple under the settlement agreement will be contingent on the outcome of that appeal," Berman’s letter acknowledges.

Under a court order, the scheduled damages trial as well as legal notice to consumers have been canceled, and the parties are to file a motion for preliminary approval of the settlement on or before July 16, 2014. Apple’s other pending motions, as well as the class plaintiffs’ pending motion for Summary Judgment, are to be held in abeyance and, "upon the Court’s approval of the parties’ settlement in a final order, be deemed withdrawn."...


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