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Setback for iPod Class-Action Lawsuit as Sole Plaintiff Is Disqualified

Setback for iPod Class-Action Lawsuit as Sole Plaintiff Is Disqualified

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from bits.blogs.nytimes.com

Photo

Customers tried out the iPod Nano at an Apple Store in Palo Alto, Calif., in September 2008.
Customers tried out the iPod Nano at an Apple Store in Palo Alto, Calif., in September 2008.
Credit Paul Sakuma/Associated Press

Updated, 9:10 p.m. | OAKLAND, Calif. — The lawyers fighting Apple in a class-action lawsuit involving iPods have managed to do a few remarkable things: They persuaded a judge to bring a decade-old lawsuit to trial here last week, for one. They even managed to drag the famous Steve Jobs into giving a videotaped testimony shortly before he died three years ago.

But they have one big problem: Their case has no plaintiff.

A federal judge on Monday disqualified the only remaining plaintiff in the case, Marianna Rosen of New Jersey, after Apple’s lawyers successfully argued that she did not even buy any iPods for which she is seeking damages.

That argument also gave Apple an opening last week to ask Yvonne Gonzalez Rogers, the federal judge overseeing the case, to throw out the suit.

The judge, however, disagreed with Apple’s argument that it was too late to add a new plaintiff. She ordered the plaintiff lawyers to find one by Tuesday morning.

The judge appeared annoyed about the discrepancies with Ms. Rosen’s iPods and scolded the plaintiff lawyers for failing to do their homework. Another plaintiff in the case dropped out last week.

“You’ve certainly created a problem on the plaintiffs’ side,” Judge Gonzalez Rogers said before reaching her decision.

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Steve Jobs displayed iPod Nanos at a media event in San Francisco in September 2008.
Steve Jobs displayed iPod Nanos at a media event in…

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