Judges disqualify two law firms in class action suit against Apple Computer

“A pair of Southern California firms were disqualified from a class action Thursday for a striking conflict of interest: the named plaintiff in the suit was an attorney with one of the firms,” Mike McKee reports for The Recorder. “Westrup Klick & Associates and its longtime co-counsel, Law Offices of Allan A. Sigel, lost their chance to press suit against Apple Computer Inc. when the 2nd District Court of Appeal balked at the class representative, Westrup attorney Lawrence Cagney.”

“‘We conclude that the trial court abused its discretion in denying the motion to disqualify the firms,’ Justice Robert Mallano wrote, ‘because an insurmountable conflict of interest exists between the class representative and class counsel, on one hand, and the putative class, on the other hand.’ As class representative, Cagney was obligated to seek the highest recovery for the putative class, but he and the firms may have had a clashing interest in maximizing their attorney fees, Mallano wrote. Justice Vaino Spencer and L.A. County Superior Court Judge Steven Suzukawa, assigned to the case, concurred. Richard Ruben, who represents Apple in the case, expressed delight in the decision,” McKee reports.

Full article here.

36 Comments

  1. This appears to be righting a long standing wrong.

    My own experience with lawyers is that you have to sort through a lot to find a good (moral) one.

    William H Gates (Bill’s dad) was a prominent lawyer.

  2. I find it unfortunate that someone has come up with the term “pop under” ad, claiming that it is different than a popup ad. It’s no different. You are putting ads on my screen, whether it pops up in my face or whether it hides behind another window.

    I understand that the choice is mine to come to MDN. If I don’t like their ad policy, I can choose not to come here. However, I can also choose to let MDN know that I don’t like their choice of advertising avenues.

    MDN, you are saying that this is not your fault, but rather that of your advertiser. However, you should be able to tell your advertiser that they either stop the popunder ads, or you will go elsewhere. You also have a choice.

    MDN has for the most part been a good host, and an extremely good source of many different types of stories. I enjoy reading your page on a daily basis. Please consider putting pressure on your adveriser to get rid of those damn things.

  3. Exactly what is it about this free service that you don’t like Jimbo?

    The price? Clicking on a popup to make it go away really is a high price to pay. I get your point. Not.

  4. De que clase de putativo hablan estos maricones?

    MAW: “really”; PUP: Congratulations! You’re the 1,000,000,000,000th visitor to this site. Click here if you’re stupido enough to believe that or that you’re gonna get some benefit by doing so. And whoTF is gonna click it? Someone does or the ad wouldn’t be around. Cheeses … they approve of spending 300-billion to liberate Iraq and give money to pedophiles in white robes presiding over archaic ceremonies, not to mention pay for Windoze.

  5. I’ve been using Safari since it came out and the only pop-up adds I have ever gotten started here at MDN last week.

    Magic word: nonsense
    as in – MDN stop this nonsense you’re pissing people off.

  6. Girls,

    Here is the script that is causing so much grief. MDN contracts with Fastclick and they just include the dynamic Fastclick code. Fastclick is the one who named it “Pop-Under” and they are the one who changed the code to circumvent the Safari/Mozilla pop-up blocking routines.

    READ IT. (That goes for MDN, too. They should cut the FastClick BS out of this site. It sucks.)

    <!– FASTCLICK.COM POP-UNDER CODE v1.7e for macdailynews.com –>
    <script language=”JavaScript” type=”text/javascript”><!–
    var doc=document; var url=escape(doc.location.href); var date_ob=new Date();
    doc.cookie=’h2=o; path=/;’;var bust=date_ob.getSeconds();
    if(doc.cookie.indexOf(‘e=llo’) <= 0 && doc.cookie.indexOf(‘2=o’) > 0){
    doc.write(‘<scr’+’ipt language=”javascript” src=”http://media.fastclick.net’);
    doc.write(‘/w/pop.cgi?sid=9769&m=2&v=1.7e&u=’+url+’&c=’+bust+'”></scr’+’ipt>’);
    date_ob.setTime(date_ob.getTime()+43200000);
    doc.cookie=’he=llo; path=/; expires=’+ date_ob.toGMTString();} // –>
    </script>
    <!– FASTCLICK.COM POP-UNDER CODE v1.7e for macdailynews.com –>

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.