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. I am on Safari and have not had a pop up or under ad at MDN yet but I have had them at a few other sites. Hope Apple updates the blocker in safari soon. That will be the real fix.

  2. Yeah I for one am getting pretty pissed off with these pop up or pop under ads. It pisses me off that MDN is obviously more concerned with generating as much ad revenue as they can even if that means upsetting their long standing readership!

    I don’t want to have to turn off javascript just because of one errant site, MDN is just forcing me to go elsewhere for my daily fix of Mac news as I’m sure it will do with many other readers!

    I’ll check back once a new version of Safari is released

    See ya!

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  4. Little-known fact: you don’t have to earn a JD from an accredited law school in California in order to sit for their bar exam.

    Sounds like these guys got their law degrees from a mail order operation!

    Hari Seldon, your mom must be disappointed that you weren’t smart enough to attend law school, seeing how much she likes anal sex. At least she seemed to like it in all those videos…

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