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Judge: Apple iPod trial will continue despite no plaintiff in case

“After a decade of legal wrangling and a week in front of a jury, lawyers accusing Apple of building a digital music monopoly still lack one key ingredient in their class action: a plaintiff,” Julia Love reports for The Mercury News.

“U.S. District Judge Yvonne Gonzalez Rogers threw plaintiffs lawyers a curve ball Monday afternoon, rejecting their lone class representative because she did not purchase an iPod covered by the case,” Love reports. “Plaintiffs will have until Tuesday to present another person who can represent the roughly 8 million iPod owners included in the class, plaintiffs lawyer Bonny Sweeney said. The consumer would then be questioned by Apple lawyers to ensure he or she belongs in the case.”

Love reports, “Although a class action cannot survive without a plaintiff, Apple lawyer William Isaacson insisted that he did not want to win in court on a technicality. ‘We were not thrilled with this,’ he told Gonzalez Rogers. ‘We want to win this case on the merits, and we think we’re going to.'”

Read more in the full article here.

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