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Apple & Google both appealing court ruling that anti-poaching settlement was too low


The anti-poaching case rumbles on … After an antitrust class-action suit last year accused Apple, Google, Intel and Adobe of secretly agreeing not to poach staff from each other, the case appeared to be all over back in April when the parties reached a $324M settlement.

Settlements have to be signed-off by a court, however, to ensure that it is considered fair to all parties. Earlier this month, Judge Lucy Koh rejected the settlement, saying the amount should have been $380M.

Two days ago, the parties resumed settlement talks with the help of a retired judge, but it appears these are not going well: Reuters now reports that Apple and Google has asked an appeals court to overturn Judge Koh’s decision.

In a court filing late on Thursday, the companies asked the 9th U.S. Circuit Court of Appeals to overrule Koh’s decision.

Koh “committed clear legal error” and “impermissibly substituted the court’s assessment of the value of the case for that of the parties who have been litigating the case for more than three years,” they wrote.

Judge Koh had earlier said that Steve Jobs “was a, if not the, central figure in the alleged conspiracy.”

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  1. Computer_Whiz123 - 9 years ago

    Really?! And you blame job for this?

  2. herb02135go - 9 years ago

    It seems odd to me that a judge c/would say an agreement isn’t fair when the two sides have agreed.
    Maybe she is the only one who is looking out for the plaintiffs.

    • Ben Lovejoy - 9 years ago

      Yes, it’s a safeguard against naive plaintiffs agreeing to something unfair. The odd thing to me is companies the size of Apple and Google arguing about a $56M difference – that’s just pocket change to them.

      • herb02135go - 9 years ago

        Thanks Ben. Good insight. I appreciate your work.

  3. herb02135go - 9 years ago

    At least the plaintiffs won’t be getting coupons!


Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!

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