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Notable Lawsuits in 2014

The course of publishing’s future continues to turn on litigation as much as innovation. While the docket for 2014 was not quite as packed as 2013 (our “Year of the Gavel,” dominated by the Apple ebook trial, and backed by a ruling that Google’s library scanning qualified as fair use), the news cycle featured a number of cases of significance.

Still in a class by itself, Apple‘s case will continue into 2015, as the Court of Appeals is due to hear oral arguments in December and hand down a ruling….when they are ready. The settlement of up to $450 million hinges on that ruling. Other cases with potentially broad impact include the recently-resuscitated author class action lawsuit against Harlequin and the continuing author class action suit against Author Solutions, along with the publisher dispute with Georgia State University over fair use in “digital reserves” (which will likely extend itself into 2016 or beyond. To keep track, here is a roundup of notable lawsuits, ongoing and resolved, in 2014:

Apple vs. the DOJ, States, and Consumer Class

  • All Sides Grilled During Oral Arguments for Apple’s Appeal (December 15, 2014)
  • Judge Cote Rubber-Stamps Settlement (November 24, 2014)
  • Oral Arguments for Apple’s Appeal Set for December 15 (October 23, 2014)
  • Judge Cote Gives Preliminary Approval to Settlement Between Apple, States & Consumer Class After Earlier Reservations (August 1, 2014)
  • Apple, States and Consumer Class Reach Settlement That Could Cost Apple Between Nothing and $450 Million (July 16, 2014)
  • Original Apple Settlement Story (June 16, 2014)
  • In Related Lawsuit, Shareholders Suing Apple Executives Allege Agency Pricing “Caused Damages” (September 8, 2014)
  • DOJ Dispatched to Chat With Publishers; Unclear if Related to Amazon/Hachette Dispute (June 2, 2014)
  • Earlier, Appeals Court “Expressed Sympathy For Both Sides” In Hearing on Apple’s Stay, Later Denied (May 29, 2014)
  • Judge Cote Certified Consumer Class (March 30, 2014)
  • Other E-Retailer Remnants, Including Diesel and BooksonBoard, File Lawsuits Against Apple & Publishers (March 25, 2014)
  • Kobo Presses to Preserve Agency in Canada; Ruling Delayed till Late 2015 (March 6 & 14, 2014)
  • Apple Makes Case to Appeals Court (February 25, 2014)
  • Some of the Complaining About The Appointed Apple Monitor, Michael Bromwich (February 10, 2014)
  • Earlier, Canada Settled eBook Pricing Investigation With Four Publishers (February 7, 2014)

ONGOING CASES

Authors vs. Harlequin

  • Judge Certifies Author Class in Suit Against Harlequin, After Appeals Court Reversed Original Summary Judgment in Harlequin’s Favor (October 25, 2014)

Google vs. Authors Guild, Etc.

  • Court Hears Appeal of “Fair Use” Ruling on Google’s Book Scanning (December 3, 2014)
  • Authors Guild Challenges Google Fair Use Ruling In Appeal [and Google’s reply filing]
  • Settlement Announced in 2010 Lawsuit Against Google Books By Photographers and Artists (September 5, 2014)
  • Appeals Court Upholds 2012 HathiTrust Ruling as Fair Use, Rules Authors Guild Has No Standing (June 10, 2014)

Georgia State E-Reserves Case

  • AAP Asks For Full Appeals Court to Review GSU Decision (November 10, 2014)
  • Appeals Court Sends Case Back to District Court, Overturning Judge Orinda Evans’ 2012 Ruling (October 20, 2014)

Authors vs. Author Solutions

  • Class Action Against Author Solutions Moves Forward (April 30, 2014)

Jesse Ventura vs. Chris Kyle & HarperCollins

  • Ventura Files Suit Against HarperCollins, Too (December 16, 2014)
  • Jesse Ventura Wins $1.8 Million in Damages From Defamation Lawsuit Against the Estate of Chris Kyle (July 21 and 30, 2014)

Other Lawsuits

  • Navy SEAL Bissonnette Sues Former Attorney for Malpractice on NO EASY DAY Vetting (November 6, 2014)
  • Ellora’s Cave Sues “Dear Author” and Creator, Alleging “Defamation” Over Blog Post (September 29, 2014)
  • Karin Slaughter Squares Off Against IRS Over Self-Employment Tax on Royalties (September 11, 2014)
  • FTC Sues Amazon for Knowingly Allowing Children to Incur App Charges without Parental Approval (July 10, 2014)
  • Writers Coffee Shop Sued By Former Business Partner Over Share of FIFTY SHADES Proceeds (June 2, 2014)
  • Gerritsen Sues Warner Bros. Over Film Credit on GRAVITY (April 30, 2014)


RESOLVED CASES

Klinger vs. Sherlock Holmes Estate

  • Supreme Court Declines to Hear Case, Affirming Pre-1923 Stories Are in Public Domain (November 3, 2014)
  • Appeals Court Upholds Ruling That Pre-1923 Sherlock Holmes Stories Are in Public Domain (June 17, 2014)
  • Court Affirms Pre-1923 Sherlock Holmes Stories Are Public Domain, Free to Use (December 27, 2013)

HarperCollins vs. Open Road on JULIE OF THE WOLVES eBook Rights

  • HarperCollins Gets Limited Injunction (and Modest $37,000 Award) as Case Ends (November 6, 2014)
  • Open Road Says HarperCollins Looks To “Intimidate Other Authors” (June 23, 2014)
  • Harper Requests $1.1 Million in Damages and Permanent Injunction (May 26, 2014)
  • After Judge Buchwald Rules in Harper’s Favor, Both Sides Go Back to Court (March 17 & April 29, 2014)

Shareholders vs. Hastings; Shareholders vs. Barnes & Noble

  • Shareholders Sue Hastings Over Sale to Joel Weinshanker (June 2, 2014)
  • Suit Won’t Block Hastings Sale, Which Later Goes Through (June 23, 2014)
  • Class Action Firms File Shareholder Suits Against Barnes & Noble Over SEC Investigation Into Accounting Practices (January 13, 2014)

MacAdam/Cage Bankruptcy

  • MacAdam/Cage Files for Chapter 7 Bankruptcy (January 31, 2014)
  • December Fraud Lawsuit May Shed Light on Origins of Bankruptcy Case (March 3, 2014)
  • Trustee Closes Case (April 4, 2014)

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