As you may have read, many cases regarding this matter were filed around the U.S. Because of this, there is a motion pending before the Judicial Panel for Multidistrict Litigation to transfer all U.S. federal cases to one federal court for consolidated, coordinated proceedings. Meanwhile, most cases have been stayed pending the outcome of the Panel’s decision.
There was a hearing before the Panel today in Atlanta, Georgia. It’s the Panel’s usual practice to act quickly, so there may be a decision as soon as next week. If it’s a yes to consolidation, the Panel will also decide where the cases will go. Then that transferee court will begin the process of appointing leadership for the consolidated cases. After the appointment of leadership, litigation will begin. Generally speaking, any cases filed after a transfer order from the Panel will be sent to the same transferee court to be folded in with the others.
On the other hand, if the Panel decides not to order transfer and consolidation—which seems unlikely given the number of cases pending around the country—then litigation would likely go forward where the cases are pending, probably with various motions to consolidate and perhaps to transfer.
Here are some frequently asked questions about being a class rep for the Apple iPhone Slowdown class-action lawsuit:
- What is a class representative?
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A class representative serves as a proxy for all similarly situated consumers in the place that they live in. There may be more than one class representative per state (or other area). A proposed class representative is named as a plaintiff in the lawsuit, and that person’s experience with what’s been referred to as iPhone performance-throttling would be included within the complaint. The plaintiff is consulted about major developments in the case. For example, if there is a proposed settlement in the case, the person would be informed of the terms and his/her opinion would be considered in deciding whether the settlement terms offered are sufficient to resolve the case.
- What would I have to do?
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As a class representative (we’ll use this term hereafter, but it’s the court that appoints class representatives, so initially you’d be a proposed class representative), your initial obligation will be to spend some time collecting documents (receipts, emails, forms, etc.) relating to any interactions you have had with Apple. We will send you a copy of the lawsuit before we file it so that you can ensure that any information about your interaction with Apple is correct. If the case proceeds into extended discovery, which may not happen, you may also have to be available for one day to be interviewed by Apple’s lawyers in a deposition. We would be your lawyers if that were to happen.
Another thing: you’d need to keep all affected devices, including affected iPhones and their batteries, through the duration of the case. - Will I have to travel?
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It is unlikely that you would have to travel for this case; however, it’s possible that Apple might seek to depose you somewhere other than near your residence. It’s also possible that you might be called upon to testify at trial. In such an event, we’d work with you on any travel arrangements. Please let us know if you have questions.
- Does it cost anything? Will I be paid?
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There is no cost to you associated with becoming a class representative. Any costs associated with the lawsuit will be paid by our law firm and you will have no obligation at any time to pay anything. Typically, at the end of the case, counsel will ask for a service award to class representatives in recognition of the time and effort involved in being an effective and cooperative representative. However, we cannot guarantee that the Court will grant the request.
Also, as we explain below, it’s possible that in the event of consolidation, you wouldn’t be included among the proposed class representative in what’s called a consolidated complaint. In that event, there probably would be no request for a service award to you because likely, your role would be very limited going forward.
- Why should I do it?
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A great class representative plaintiff is one whose main motivation for becoming class representative is that they want to personally hold the defendant (in this case, Apple) accountable. If you feel betrayed, cheated, or victimized by Apple and want to take an active role in holding Apple accountable, then you would likely be a great class representative. In other words, if you want to make a tangible difference in this case by representing similarly affected consumers from your area, then you would be a great class representative.
- What happens next?
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If you sign the Rights and Responsibilities form we’re sending you, we will reach out to you to make sure that we know how you have been affected. We will then draft that portion of the complaint that pertains to you and give you an opportunity to review it, ask any questions or make any comments you may have, and make any corrections before we file the lawsuit.
Again, please bear in mind that many cases have been filed, and it’s likely that all federal cases—including the one in which you’d be a plaintiff—will be consolidated in one court. If that happens, and following the appointment of leadership for the case, it’s likely that a consolidated complaint will be filed in that transferee court. In that event, for various reasons, you might not be chosen as a named plaintiff in that complaint. Your case would remain pending, but it’d be on hold pending work in the consolidated case. It’s quite possible that the case would be resolved in the transferee court, which would mean that there might be little to no litigation in your original case. But in any event, we’d be available at any time to answer any questions you might have about the status of proceedings and any developments in your case or the consolidated case.
After any consolidated complaint is filed, then litigation should begin. We’d keep you apprised of developments and any input or help that we may need from you.
Thank you for contacting us about this matter. If you wish to learn more about being a class representative, or if you have any questions, please do not hesitate to contact Rob Lopez, one of the attorneys working on the case, at [email protected] or 206.268.9304.
