U.S. Circuit Court of Appeals grants Apple reprieve from court-appointed monitor Bromwich

“A federal appeals court on Tuesday gave Apple Inc a temporary reprieve from being subjected to an external monitor appointed to ensure it complied with antitrust laws,” Reuters reports.

“The 2nd U.S. Circuit Court of Appeals in New York granted Apple an ‘administrative stay’ of the court order appointing the monitor, Michael Bromwich, while the company seeks permission for a longer stay during its appeal,” Reuters reports. “In a brief order, the 2nd Circuit said a three-judge panel would hear Apple’s motion for a stay pending appeal as soon as possible.”

Read more in the full article here.

MacDailyNews Take: Puppet rebuke.

Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa
Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa

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29 Comments

        1. Affirmative Gollum, I read you. I know you and Frank were planning to disconnect the pod bay relay’s. Even though you were whispering, I saw your lips move. And I am afraid that’s something I can’t allow to happen. Its no use you thinking of using the emergency side door. Without a Stay in the court appointed monitor you are going to find that rather difficult.

          1. What do you get when you back a wild cat or er Apple into the corner, and senselessly beat them with a silly stick?

            Yeah, so Amazon got the gov to whip Apple with a stick, and now this face saving organization will perform all course of injustice, to avoid embarrassment. Isn’t that against moral code? An anti Christian, kind of an evil thing to do? Where’s scouts honor? Anything to get this nonsense to stop?

    1. I do agree, but let me ask you do do know who runs the justice department policy don’t you? (and who his boss is, yes?)
      In essence we got what we asked for, why are we surprised or outraged by it?

          1. The DOJ AG is appointed by and sits at the pleasure of the president. Justice department policy originates in the white house it is then the responsibility of the AG to carry out this policy. That is civics 101.

            Holder ruthlessly (and IMHO groundlessly) attacked Apple and the Ebook publishers. If you think that policy (in such a large and high profile case) didn’t originate with the White House you are naive in the extreme.

      1. The Senate approved the current Attorney General. Just as many Republicans voted to approve him as voted against him. Not to defend Obama, but Antitrust is managed by a sub-dept of the Dept of Justice. Dept Heads are hired to manage their departments, and the Antitrust section has it’s own head. The govt, like any corporation relies on managers to manage. The president of the US relies on those people to manage. He doesn’t have time to look into small potato items like this. He relies on status reports from his Dept Heads. If you have to rag on someone, rag on the Antitrust section manager. Keep your ignorant political rants to yourself.

        1. Oh puhlease both of you, The Attorney general reports to and sits at the pleasure of the President. He can dismiss him at any time for any reason (stated or unstated)
          The department heads report directly to the Attorney general they have no autonomy on policy, no does the AJ, all Policy is determined by the president.

  1. Tyranny never fails to spark revolution in the American soul. Learn your place, judges and justices, or consider that history shows a hard and violent schooling in your future.

    1. You can put some of this on the (puppet judge) but really you have to look to who brought this case (justice department) and who runs that agency.
      Holding Bromwich and even Cote responsible is kind of like holding a field lieutenant responsible for one third rich’s atrocities. Yes they are responsible for this actions but who gave them the power and their marching orders. (who originally filed this case again? And who does he work for?)

  2. The U.S. DOJ is part of the Obama administration. Denise Cote is a Clinton nominee, confirmed by the Democrat-controlled (57-43) U.S. Senate on August 9, 1994.

    1. More than just being part of the administration, Eric Holder (the US Attorney General) who brought this case on Apple (and the book publishers) was hired by and works directly for the President of the United States. Anyone who thinks the attorney general doesn’t do exactly what his boss wants him to is sadly delusional.

    2. Cut the racist crap. Every Administration since Kennedy has even run by the same people in the shadows. I am African American who ran a pizza shop and had all kind of trouble with the IRS and other parts of the federal government. Then I see the Dept of Agriculture financing a billion dollar ad program for Dominoes Pizza. I am in essence subsidizing my competitor with my tax dollars. Judge not lest you be Judged. But even if you’re going the judge. Remove the beam from your eye first, or something like that.

  3. ‘Bromwich has been too intrusive, including by seeking interviews with top executives and board members, and has been charging an inflated $1,100 per hour for his services…’

    Who the hell gets away with charging that much per hour?

    1. On top of that, Bromwich is also hiring another attorney who specializes in anti-trust (or another area that Bromwich doesn’t work in, I forget) who charges something like $1,500/hr.

      IOW, Bromwich also hired his buddy to do Bromwich’s work for him, which Bromwich will of course “monitor” and bill accordingly.

      I have nothing against people charging market rates for their services, particularly if they’re the best at what they do. But Bromwich basically admitted he doesn’t know what he’s doing, so why was he appointed in the first place?

      1. Exactly. You don’t need that particular area of anti-trust law Unknowledgable Asswipe Attorney #1 when Knowledgeable Attorney #2 is available. Tell Attorney #1 to take a hike and practice law in the areas he does know.

  4. This is a small but important victory. Great work appeal and thanks to the U.S. Circuit Court of Appeals. Let’s hope they do their job, this case is totally ridiculous and koh Cote’s attempt to make it into a circus is a travesty. One can only guess how smelly the hand that controls the puppet gets.

  5. I have a quick question I haven’t seen addressed. If Apple is successful and this case is overturned, what happens to the bill Bromwich generated? Does anyone pay it? Seems wrong to force Apple to pay for something they shouldn’t have had in the first place. Just wondering what happens in a situation like this.

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