|[January 14, 2014]
Ninth Circuit Denies Review of District Court's Class Certification Order in High-Tech Employee Antitrust Litigation
SAN FRANCISCO --(Business Wire)--
Kelly M. Dermody of the national plaintiffs' law firm Lieff Cabraser
Heimann & Bernstein, LLP, announced that today the United States Court
of Appeals for the Ninth Circuit denied review of the district court's
order certifying a class of technical employees who worked at seven
high-tech companies-including Adobe (News - Alert), Apple, Google, and Intel-from
approximately 2005 through 2009. As a result, the class certification
On October 24, 2013, U.S. District Court Judge Lucy H. Koh granted class
certification in a class action charging that Adobe, Apple, Google (News - Alert),
Intel, and other large tech companies conspired to suppress the pay of
their technical employees, including by agreeing not to actively recruit
each other's employees. In a comprehensive, 86-page ordr, the Court
found that, "based on the extensive documentary evidence, economic
theory, data, and expert statistical modeling, Plaintiffs' methodology
demonstrates that common issues are likely to predominate over
On November 7, 2013, Defendants sought permission from the Ninth Circuit
to appeal Judge Koh's class certification order. Plaintiffs opposed the
request. Today, the Ninth Circuit denied Defendants' request for
permission to appeal: "The court, in its discretion, denies the petition
for permission to appeal the district court's October 24, 2013 order
granting class action certification."
"We appreciate the Ninth Circuit's review of Judge Koh's class
certification order, and we look forward to seeking justice for the
class at trial," said Kelly M. Dermody, a partner at Lieff, Cabraser,
Heimann and Bernstein, LLP, and Co-Lead Class Counsel.
Trial is set to begin on May 27, 2014. The case is In re: High-Tech
Employee Antitrust Litigation, Case 5:11-cv-02509-LHK (N.D. Cal).
For more information on the litigation, please
visit our website.
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