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
Joseph J. Tabacco Jr.
(Berman Tabacco)
Christopher T. Heffelfinger
(Berman Tabacco)
Defendant
Penelope A. Preovolos
(Morrison & Foerster LLP)
Tiffany Cheung
(Morrison & Foerster LLP)
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.
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