US: Both plaintiffs in Apple iPod case now gone, but suit continues

The second lead plaintiff in a lawsuit accusing Apple of violating antitrust laws through business practices concerning its iPod has been dismissed, just days after the other lead plaintiff was found to not qualify for the claims.

US District Judge Yvonne Gonzalez Rogers dismissed Marianna Rosen from the suit, days after the judge removed Melanie Tucker. Both were found to not qualify for participation because their iPod purchases were not made within the timeframe in question covered by the lawsuit.

The plaintiffs had sought damages for a class of iPod buyers on grounds that Apple allegedly harmed competition by barring customers from playing any music on their iPod not downloaded from the iTunes store or direct from a CD.

Despite the major setback, Judge Rogers denied Apple’s request to dismiss the case entirely, instead giving class attorneys until Tuesday to find a new lead plaintiff.

Legal representatives told reporters they have already found interested members of the class for a new lead plaintiff.

Full content: Courthouse News Service

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