Originally Posted by
platoonDaddy
The key is did they have “standing” & they didn’t. The ruling today gave them “standing”, he went against case law & sided with the 9th circuit.
From what I read Apple's logic was flawed. They is essence said that only the app developers have a right to sue because of the fact that Apple only makes the apps available through it's app store and that Apple only provides 'a' marketplace for the apps. Since they provide the only marketplace that argument don't hunt. Anyone affected by Apples conduct in fixing prices has standing to bring suit.
Federal rules for standing: In Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to determine whether a party has standing to sue:
1) The plaintiff must have suffered an "injury in fact," meaning that the injury is of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent;
2) There must be a causal connection between the injury and the conduct brought before the court;
3) It must be likely, rather than speculative, that a favorable decision by the court will redress the injury.
If you are interested: https://www.americanbar.org/groups/l...federal-court/
BTW: this doesn't mean Apple lost, it merely means that the plaintiffs can continue the suit.
Last edited by 26 Inf; 05-14-19 at 16:36.
Patriotism means to stand by the country. It does not mean to stand by the President... - Theodore Roosevelt, Lincoln and Free Speech, Metropolitan Magazine, Volume 47, Number 6, May 1918.
Every Communist must grasp the truth. Political power grows out of the barrel of a gun. Our principle is that the Party commands the gun, and the gun must never be allowed to command the Party Mao Zedong, 6 November, 1938 - speech to the Communist Patry of China's sixth Central Committee
Bookmarks