In the December hearing on Apple’s appeal of the ebook pricing verdict, Judge Dennis Jacobs was the one leaning quotably in Apple’s direction (he is the judge who suggested that any collusion among publishers trying “to break the hold of a monopolist” in the ebook market was “like all the mice getting together to put a bell on the cat”). Again in a Tuesday hearing on Apple’s separate appeal seeking to disqualify the monitor Michael Bromwich, appointed by Judge Denise Cote to monitor Apple following her injunction, Judge Jacobs expressed doubts about the court-imposed actions. Jacobs suggested the amount Apple was paying the monitor […]
Legal
Writers Seeks Class Action Status In Author Solutions Suit
After a near two-year odyssey of complaints, documents, motions to dismiss, and plaintiff changes, the lawsuit seeking class action status against Author Solutions alleging multiple breaches completed discovery on January 22 and is moving to the next stage. A February 26 filing in New York’s Southern District Court by Kelvin James, Jodi Foster, and Mary Simmons (added to the suit after Terry Hardy dropped out in the fall of 2013) asks Judge Denise Cote for certification of the class, covering 170,000 or more authors “who, during the period 2007 through the present, purchased a publishing package or service from Author Solutions.” The plaintiffs say their lawsuit […]
Internship Lawsuits Come to Book Publishing, Against Simon & Schuster
The spate of lawsuits against entertainment and media companies alleging unfair labor practices with respect to interns paid less than minimum wage has arrived in book publishing: The same law firms that recently filed suit against CBS (among others) brought a new suit against the company’s publishing division Simon & Schuster last Friday in a New York Court, seeking class action status. The named plaintiff is Diana Bruk, currently a viral content manager at Hearst, whose work as an editorial intern at Scribner between September 2009 and May 2010, while she was in college, is at issue in the 10-page […]
Former Writers Coffee Shop Partner Wins Lawsuit Seeking Share of Fifty Shades Windfall
A Texas state court jury has ruled in a 10-2 decision that Jennifer Lynn Pedroza, former chief marketing officer of Australian publisher The Writers Coffee Shop, is entitled to a share of the proceeds of the publisher’s most prominent titles, EL James’ FIFTY SHADES trilogy, which TWCS originally published before selling the rights to Random House. Pedroza (along with Christina Beebe and Jennifer McGuire) was among the four original partners, along with Amanda Hayward, and Pedroza’s complaint filed last May alleged that Hayward “tried to convert Coffee Shop into TWCS, an Australian sole proprietorship that she, alone, owned. She signed a contract with […]
Apple Set to Challenge Special Monitor’s Role to Appeals Court Next Month
While we’re waiting for the Second Circuit of Appeals’ ruling on Apple’s appeal of the verdict finding them guilty of antitrust violations in launching their ebookstore — not expected for months — a related appeal will go before the court next month. Apple is continuing to challenge the appointment of special monitor Michael Bromwich, who oversees Apple’s compliance with the antitrust verdict, calling it illegal and unconstitutional. The WSJ remains squarely in favor of Apple’s efforts, with an extensive report identifying “new reasons for the Second Circuit to sack Mr. Bromwich and end what is a major abuse even by the standards of […]
Gerritsen Plans Amended Complaint to Continue “Gravity” Contract Breach Suit Against Warner
Last Friday Los Angeles District Court Judge Margaret Morrow granted Warner Bros.’ motion to dismiss Tess Gerritsen’s breach of contract lawsuit, filed at the end of April. Gerritsen’s original complaint alleged she should receive credit and net profit participation on the movie “Gravity,” directed by Alfonso Cuaron, which she said was partly based on her 1999 novel of the same name. Gerritsen sought legal remedy for what could “no longer be dismissed as coincidence” after learning that Cuaron had been attached to her project as far back as 2000. Gerritsen had originally contracted with Katja productions, a shell corporation of New Line […]