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flyingtoastr
Posts: 3,020
Topics: 55
Kudos: 2,947
Registered: ‎11-11-2009
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Re: I would like to sue Kmart because of Barnes and Noble books, possible?

The settling "pot" remains the same, as the settling publishers were going to have to cover the non-settlers under the old agreement. You're not getting any more money.

Inspired Bibliophile
deesy58
Posts: 2,486
Registered: ‎01-22-2012
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Re: I would like to sue Kmart because of Barnes and Noble books, possible?


Mercury_Glitch wrote:

deesy58 wrote:

The original settlement was described to us last summer.  Since that time, two more publishers have settled.  Apple is still holding out.  If the payout pot is likely to grow larger because more publishers (and, possibly, Apple) will be contributing to it, how is it possible for anybody to determine how much might be paid out to those consumers who were "damaged"? 

 

I do not believe that the DOJ actually filed any criminal charges against anybody in this case.  In fact, the Department of Justice filed a civil suit under the antitrust laws of the United States -- primarily the Sherman Act.  Does anybody have information to the contrary? 


 

I checked the estimated amount we'd get back on the site mentioned in the email recently (post Macmillian settling) and it gave a figure of 30 cents for every non best selling ebook, and a dollar twenty for every best seller.  I don't think the figures will change as a result of publishers settling, since the case was about setting a price I imagine the amount we get back is the difference in the prices.


This suit had multiple defendants.  If found liable in a court of law, or if electing to "settle" out of court, each of the defendants will be required to pay damages.  You probably should not take an estimate from a single one of these defendants (Macmillan in this case) and generalize it to infer that you will only receive damages from a single defendant.  The one with the deepest pockets (Apple) hasn't even been resolved yet.  It's probably a little early in the process to be counting chickens, so to speak.  :smileywink:

Inspired Bibliophile
deesy58
Posts: 2,486
Registered: ‎01-22-2012
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Re: I would like to sue Kmart because of Barnes and Noble books, possible?


flyingtoastr wrote:

The settling "pot" remains the same, as the settling publishers were going to have to cover the non-settlers under the old agreement. You're not getting any more money.


So then ... are you asserting that if Apple goes to trial in June, and if Apple loses their case, and if the trial judge and jury award a substantially larger award to the injured party (class), that Apple will not have to pay anything, and that the publishers that previously settled will have to pay Apple's share?  It's not that I don't believe that is possible, but it doesn't sound very likely. 

 

I'd really like to read that court order for myself.  Do you, perchance, have a source citation for it? 

Inspired Wordsmith
icebike
Posts: 4,434
Registered: ‎11-30-2009

Re: I would like to sue Kmart because of Barnes and Noble books, possible?


deesy58 wrote:

flyingtoastr wrote:

The settling "pot" remains the same, as the settling publishers were going to have to cover the non-settlers under the old agreement. You're not getting any more money.


So then ... are you asserting that if Apple goes to trial in June, and if Apple loses their case, and if the trial judge and jury award a substantially larger award to the injured party (class), that Apple will not have to pay anything, and that the publishers that previously settled will have to pay Apple's share?  It's not that I don't believe that is possible, but it doesn't sound very likely. 

 

I'd really like to read that court order for myself.  Do you, perchance, have a source citation for it? 


 

 

Flying toaster has it exactly backwards.  

 

As Mcmillian pointed out, NON setteling hold-outs can be held responsible for some (large portion) of the payouts of setteling parties.  This is why they worried about holding out any longer, the punitive damages could have been more than their net worth.

 

 

Wordsmith
PlanetGreen
Posts: 242
Registered: ‎01-26-2013
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Help me sue Walmart for my ebook

I'm lost, what? Where is the nearest restroom?
It's a small world afterall except when your far away.
Distinguished Bibliophile
Mercury_Glitch
Posts: 1,398
Registered: ‎06-07-2011
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Re: Help me sue Walmart for my ebook


PlanetGreen wrote:
I'm lost, what? Where is the nearest restroom?

 

Your settlement is being used to construct the restroom.  Construction will be finished in a few months, or whenever the lawyers get tired of talking.  Anything that is left over will be split 99/1 between the lawyers and us.  In favor of the lawyers.

 

 

The Wheel weaves as the Wheel wills, and we are only the thread of the Pattern.
Wordsmith
PlanetGreen
Posts: 242
Registered: ‎01-26-2013
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im so excited about this lawsuit, i have to tinkle !

[ Edited ]
I am overwhelmed with glee, For after the suit is over I will have the .80 cent they owe me ! Spend it all at once I will ! Haha Amazon, heehee you evil pubs I got you good, you bunch of schmubs! I'm so happy I think I'll pee !
It's a small world afterall except when your far away.
Frequent Contributor
afear43
Posts: 15
Registered: ‎12-27-2010
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Re: Agency model refunds? Civil trial proposed settlement

I just looked up that old e-mail from October,and followed a link on there, it seemsthe settlement id number on the bottom of the e-mail, is unique to you, thats your settlement id

 

#.  If you didnt get an email youcan go to      ebooksagsettlements.com and there is a form to retrieve your settlemt id number. You cancall b&n @ 1-855-663-0214 Monday thru Friday 9-5 ET.

Would like nook friends,also on goodreads