N.Y. JUDGE WON扵 GRANT HANDSET PLAINTIFFS CLASS ACTION STATUS

摘要

A federal judge in N.Y. refused to grant class-action status in the remaining handset antitrust case brought against the major U.S. carriers. The suit was filed on grounds that they forced subscribers to buy handsets with features they don抰 want and only in combination with cellular services. Plaintiffs represented by N.Y. attorney Scott Bursor filed similar lawsuits in major cities across the U.S. They were consolidated in 2 cases before U.S. Dist. Judge Denise Cote. Plaintiffs sought upwards of $15 billion in damages, and injunctive relief. Last year, Cote threw out the first of the suits -- the Brook case. Last week, she refused to grant class-action status to a case brought in the name of subscriber Michael Freeland. Defendant carriers will now ask Cote for summary judgment, throwing out the case. The Freeland case was filed against the carriers in Northern Cal. 2 years ago and transferred to the N.Y. court in Nov. 2004. nnCote said the thrust of the both cases was the same: 揟hat the defendants have illegally locked handsets so that they cannot be used on another service provider抯 network and tied the sale of handsets to the sale of their cellular services.?揑t抯 very significant,?a carrier source said of the decision. 揑f this had gone forward to a jury trial there could have been huge settlements.?The source said if the plaintiffs had won it could have created a challenge like the one carriers face in the Twombley case. The U.S. Supreme Court agreed to hear that case -- a class action started on behalf of 2 phone subscribers and alleging the Bells conspired not to compete against each other.