Apple, Google appeal Judge Koh's rejection of settlement in no-poach lawsuit

Posted:
in General Discussion edited September 2014
In a court filing late Thursday, Apple, Google, Adobe and Intel appealed Judge Lucy Koh's rejection of a proposed $324.5 million settlement relating to a class action lawsuit leveled by Silicon Valley employees, calling the jurist's decision "rigid and formulaic."

Jobs and SchmidtSteve Jobs and Eric Schmidt during the iPhone's introduction at MacWorld in 2007.


Defendants in the ongoing Silicon Valley anti-poaching case, including Apple, requested the U.S. Circuit Court of Appeals to step in regarding California District Court Judge Koh's recent decision to refuse a settlement offer worth $324.5 million, reports Reuters.

The filing was harsh in its assessment of Judge Koh, saying she "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."

In August, the jurist denied a proposed settlement on the grounds that the amount was too low. At the time, Judge Koh said defendants should "pay their fair share" for suppressing wages through alleged non-compete hiring clauses, supposedly agreed upon through unofficial email correspondence between high-ranking executives like Apple cofounder Steve Jobs.

At least part of the decision to deny was based on a comparison with a similar settlement involving Disney and Intuit, which saw employees awarded damages proportionally higher than would be paid out by the $324.5 million proposal.

Despite the comparatively lower damages amount, attorneys representing the Silicon Valley class pushed Judge Koh to agree to the terms, noting employees may not get anything if and when the trial moves to appeal.

As such, Thursday's filing said Judge Koh "dismissed the parties' analysis of the trial risks, suggesting that, unless the settlement was larger, the court had -- in its own words -- 'wasted years on this case.'"

Earlier this week, Apple, Google, Adobe and Intel reopened settlement talks as part of renewed mediation proceedings. Parties are scheduled to meet with Judge Koh at a Sept. 10 hearing.
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Comments

  • Reply 1 of 23
    Give her a nice retirement party, Samsung. She's taken up too much of the taxpayer's time.
  • Reply 2 of 23
    Quote:


     the court had -- in its own words -- 'wasted years on this case.'


    Isn't this what Apple, Google, Adobe, et al. were telling her before the proposed settlement?

  • Reply 3 of 23
    lilgto64lilgto64 Posts: 1,147member

    That is amazing. The judge deciding that the amount of the settlement should somehow reflect her inflated sense of importance. If the settlement isn't record breaking then why would her name become anything more than a footnote?

  • Reply 4 of 23
    Retire now, Judge Judy..
  • Reply 5 of 23
    If only they hadn't illegally conspired then they wouldn't have wasted anyone's time.
  • Reply 6 of 23
    jd_in_sbjd_in_sb Posts: 1,600member
    Koh has got to go.
  • Reply 7 of 23
    gatorguygatorguy Posts: 24,212member
    Retire now, Judge Judy..

    FunFact: Judge Judy personally earning close to $50M/year, nearly double any other TV personality. Not bad work for a 70+ former family court judge from New York.
  • Reply 8 of 23
    How does Apple always get stuck with this same judge??

    "Oh no, we got Ping again!" (10 points to anyone who gets the reference) lol- oh, and it has Nothing to do with race, btw...
  • Reply 9 of 23
    I love how everyone here is okay with these companies getting away with a mere $324.5 when the actual monetary damage done is far in excess of billions of dollars. But no, because it includes Apple, let's let them off the hook.
  • Reply 10 of 23
    Originally Posted by jasonlotito View Post

    I love how everyone here is okay with these companies getting away with a mere $324.5 when the actual monetary damage done is far in excess of billions of dollars. But no, because it includes Apple, let's let them off the hook.



    Learn how to read. We’re not “okay” with them “getting away” with anything. If Apple has broken the law, they’re to be punished.

     

    What we’re actually not okay with is a travesty of justice incurred by bias.

  • Reply 11 of 23
    apple ][apple ][ Posts: 9,233member

    No kidding!

     

    Somebody needs to put that judge in their place!

     

    What a disgrace!

  • Reply 12 of 23
    gatorguy wrote: »
    FunFact: Judge Judy personally earning close to $50M/year, nearly double any other TV personality. Not bad work for a 70+ former family court judge from New York.

    Yes, I understand she's actually a billionaire.
  • Reply 13 of 23
    I love how everyone here is okay with these companies getting away with a mere $324.5 when the actual monetary damage done is far in excess of billions of dollars. But no, because it includes Apple, let's let them off the hook.

    Neither you, nor Koh can definitively prove there was ANY actual harm.
  • Reply 14 of 23
    Quote:

    Originally Posted by SpamSandwich View Post





    Neither you, nor Koh can definitively prove there was ANY actual harm.

    Koh isn't responsible for proving harm.  Neither am I.  What I do know, however, is what Apple and company did was wrong, and the amount they are offering is far less than what the workers requested.

  • Reply 15 of 23
    Quote:

    Originally Posted by Tallest Skil View Post

     



    Learn how to read. We’re not “okay” with them “getting away” with anything. If Apple has broken the law, they’re to be punished.

     

    What we’re actually not okay with is a travesty of justice incurred by bias.


    Yes, Apple and their fellow defendants are biased.  Good to see you agree.

  • Reply 16 of 23
    Originally Posted by jasonlotito View Post

    Yes, Apple and their fellow defendants are biased.  Good to see you agree.



    Uh...

  • Reply 17 of 23
    If apple broke the law, then spank them, as hard as you would spank any other company. They can afford it. Anti-poaching is monopolistic and frankly, 325 mil doesn't seem like enough for all the people who would have been affected by their manufactured inability to seek a better life for themselves in the free market.
  • Reply 18 of 23
    calicali Posts: 3,494member
    Yes, Apple and their fellow defendants are biased.  Good to see you agree.

    [doesnt even deserve a facepalm]
  • Reply 19 of 23
    hill60hill60 Posts: 6,992member
    Quote:

    Originally Posted by echosonic View Post



    If apple broke the law, then spank them, as hard as you would spank any other company. They can afford it. Anti-poaching is monopolistic and frankly, 325 mil doesn't seem like enough for all the people who would have been affected by their manufactured inability to seek a better life for themselves in the free market.



    They always could "seek a better life for themselves in the free market", the issue was companies actively approaching other companies employees and targeting them with job offers which weren't available to anyone else.

  • Reply 20 of 23
    Is there any other judge existing in the state of California?
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