This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumers Legal Remedies Act
Unfair Competition

Robert Herskowitz, individually, and on behalf of all others similarly situated v. Apple Inc.

Published: Aug. 30, 2014 | Result Date: Aug. 7, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 5:12-cv-02131-LHK Bench Decision –  Class Certification Denied

Court

USDC Northern


Attorneys

Plaintiff

Anthony D. Phillips

Joseph J. Tabacco Jr.
(Berman Tabacco)

Christopher T. Heffelfinger
(Berman Tabacco)

Robert J. Axelrod

Judd B. Grossman


Defendant

Penelope A. Preovolos
(Morrison & Foerster LLP)

Tiffany Cheung
(Morrison & Foerster LLP)

Suzanna P. Brickman


Facts

Robert Herskowitz filed a class action against Apple Inc. Phoebe Juel aso filed a class action against Apple. Their class actions related to Apple's alleged practice of routinely and unlawfully charging it "e-Store" customers more than once for the same products in violation of consumer laws.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Apple charged its e-Store customers repeatedly for the same products. Plaintiffs alleged that Apple's double billing violated various consumer laws. Plaintiffs filed a motion to certify three classes, the "Fifteen-Minute" class, the "Unusable Product" class, and the "Active e-Stores Account" class.

DEFENDANT'S CONTENTIONS:
Apple opposed plaintiffs' motion for class certification, arguing that the court should not grant it because it was not amenable to class-wide adjudication.

Result

U.S. District Court Judge Lucy H. Koh denied plaintiff's motion for class certification in its entirety.


#99565

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390