Kerr & Wagstaffe Firm Says Facebook Incident Has Big Implications
As Facebook Advertisers Lose Bid for a Class Action Lawsuit, Legal Professionals at Kerr & Wagstaffe Say the Case Is an important One for Those Interested in Intellectual Property Law
(firmenpresse) - SAN FRANCISCO, CA -- (Marketwire) -- 05/02/12 -- Facebook is a social network built on the concept of connecting with friends. For a network so large and so influential, however, it should come as no great surprise that Facebook has developed a few enemies, as well. This was made evident in a recent attempt to take the social networking company to court in a class action lawsuit. A large group of Facebook advertisers recently sought to sue Facebook, as a group, for overcharging them, but their attempts to stage a lawsuit were ultimately not admitted into court. Though their future actions remain uncertain, the incident has nevertheless attracted the attention of many legal professionals, including the firm Kerr & Wagstaffe, which works on many class action suits, as well as intellectual property cases.
The large group of Facebook advertisers claimed that Facebook was overcharging them on advertising rates, and even alleged that the social network was guilty of a breach in contract. An Oakland judge, however, determined that these advertisers simply did not have enough in common to achieve class action status. Full details of these legal proceedings are reported by .
Phyllis Hamilton, the judge who heard the case, wrote that Facebook's attorneys simply made a more convincing case. "The court is persuaded by Facebook's argument that plaintiffs have not shown that they have a viable method for proving each class member's recovery," wrote Hamilton.
Other legal professionals have also responded to the results of the bid for class action case, including lawyers from the San Francisco firm .
"The Court's order shows the increasing hostility to class action claims in federal court following the U.S. Supreme Court's decision in Dukes v. Wal-Mart. Now, more than ever, plaintiffs seeking to pursue a class action in federal court need the help of experienced trial attorneys with a strong background in federal class action practice," says Kerr & Wagstaffe's Ivo Labar. Labar is also known as the co-author of the leading treatise on federal procedure, Federal Civil Procedure Before Trial.
Hamilton, meanwhile, wrote that there was simply no way to prove a "systematic" breach of contract on the part of Facebook. The judge further explained her decision to reject the class action bid by saying that there was "no way to conduct this type of highly specialized and individualized analysis for each of the thousands of advertisers in the proposed class."
The judge has scheduled a conference for May 17, where further options for proceeding with this case will be discussed.
ABOUT:
LLP is a law firm based in the San Francisco area. The firm is best known for representing clients in cutting-edge and wide-ranging litigation. Previous cases include enforcing patents underlying Wi-Fi technology; developing legal processes for domain name registration; and representing businesses and individuals in trade secrets and employee mobility actions. The firm has many prominent practice areas, including First Amendment issues, employment law, intellectual property rights, and class action litigation. Kerr & Wagstaffe believes that a law firm is defined by its attorneys, and as such it employs lawyers with diverse trial and appellate experience as well as high ethical standards.
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Datum: 02.05.2012 - 04:00 Uhr
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