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Judge Preska: Widespread Pirating Makes Music Price Fixing Case Unsuitable for Class Treatment

By Charles Michael on July 19, 2017

In an opinion yesterday, Judge Preska refused to certify as a class action a case alleging price fixing in the digital music industry.  Among other reasons, she found that widespread pirating would raise “unclean hand” defenses that could not be determined on a classwide basis:

Defendants note that two of the Proposed Class Representatives admitted

…

About this Blog

The SDNY Blog covers civil litigation and trial practice in the US District Court for the Southern District of New York.

Photo of Charles MichaelCharles MichaelPartner

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

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Photo of Jason MeadeJason MeadeAssociate

Jason Meade focuses his practice on commercial litigation. He has represented public corporations and financial institutions in complex civil disputes in state and federal courts…

Jason Meade focuses his practice on commercial litigation. He has represented public corporations and financial institutions in complex civil disputes in state and federal courts, and in government and internal investigations.

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Photo of Meghan NewcomerMeghan NewcomerASSOCIATE

Meghan Newcomer focuses her practice on white-collar criminal defense, securities litigation, complex civil litigation, and government and internal investigations. Meghan has substantial experience defending individuals…

Meghan Newcomer focuses her practice on white-collar criminal defense, securities litigation, complex civil litigation, and government and internal investigations. Meghan has substantial experience defending individuals in white-collar criminal matters and has assisted with multiple trials in federal court.

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