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Doug_Pardee
Posts: 5,521
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Registered: ‎03-09-2010

Macmillan agency-model refunds

[ Edited ]

Due to the corruption of on-going threads, I'll start a new one for this.

 

Macmillan has agreed to settle in the state Attorneys General lawsuit. That's the one parallel to the DoJ lawsuit, and the one which is resulting in refunds. By the way, Judge Cote has approved the refund settlements for Hachette, HarperCollins, and Simon & Schuster, so it's now just a matter of time before we get those refunds — there's a 30-day appeal period, but no appeals are expected.

 

Macmillan has agreed to a $20 million settlement. The other three publishers' total settlement was just over $69 million:

  • $31.7 million from Hachette
  • $19.6 million from HarperCollins
  • $17.8 million from Simon & Schuster

If we assume that the money will be apportioned similarly to the just-approved refunds, that would mean an additional 9 cents for each non-bestseller and 38 cents for each bestseller bought from any of the five defendant publishers during the period 04/01/2010 through 05/21/2012. The state of Minnesota did not participate in the AG case, and no refunds will be made to residents of Minnesota.

 

Penguin hasn't yet settled in the Attorneys General case. It has settled in the DoJ case.

 

Apple hasn't yet settled in either the DoJ or Attorneys General cases.

 

In addition to those two cases, there is a class-action lawsuit. It's generally expected that the Attorneys General case will moot the class-action lawsuit, since only Minnesota residents and the approximately 100 people who chose to opt out of the AG refunds will be eligible to remain in the class for the class-action.

 

The official site for the AG settlements: https://ebooksagsettlements.com/

 

Texas AG on Macmillan settlement: https://www.oag.state.tx.us/oagnews/release.php?id=4289

 

Doug_Pardee
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Registered: ‎03-09-2010
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Penguin demands jury trial in refunds case


Doug_Pardee wrote:

 

Macmillan has agreed to settle in the state Attorneys General lawsuit. That's the one parallel to the DoJ lawsuit, and the one which is resulting in refunds. ... Penguin hasn't yet settled in the Attorneys General case. It has settled in the DoJ case.


In a somewhat surprising move, Penguin has demanded a jury trial in the AG (refunds) case. Macmillan settled because they couldn't afford to lose, but Penguin has taken a different route.

 

According to Publishers Weekly, this move by Penguin essentially severs their AG trial from their DoJ settlement. DoJ isn't a party to the AG lawsuit, and the DoJ won't be presenting evidence. It would fall to the Attorneys General to provide evidence against Penguin and to prove damages. It also would take the case out of the courtroom of judge Denise Cote, who hasn't been a friend to the publishers. And it might separate the case from the case against Apple.

 

It's a gutsy move, and presuming that judge Cote grants the motion for a jury trial, it'll be interesting to watch.

 

Distinguished Bibliophile
keriflur
Posts: 6,634
Registered: ‎01-05-2010
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Re: Penguin demands jury trial in refunds case

This is entertaining as Penguin was clearly the worst offender when it comes to ridiculous pricing.

Inspired Scribe
kamas716
Posts: 1,479
Registered: ‎09-28-2011
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Re: Penguin demands jury trial in refunds case

I wonder what Random House thinks about this.
http://www.goodreads.com/kamas716
BN_AlexG
Posts: 473
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Registered: ‎09-19-2011
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Re: Macmillan agency-model refunds

This message has been moved for Violation of Community Guidelines. - Spam

Distinguished Bibliophile
patgolfneb
Posts: 1,758
Registered: ‎09-10-2011
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Re: Macmillan agency-model refunds

More spam?

Distinguished Bibliophile
MacMcK1957
Posts: 2,191
Registered: ‎07-25-2011
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Re: Macmillan agency-model refunds

[ Edited ]

patgolfneb wrote:

More spam?


Oh, yeah.  Likely more Chinese (or the same Chinese), based on other posts from the user.

 

The fact that the user feedback comments all show today's date and are all written in the same broken English (despite being supposedly from different people) is rather suspicious. 

Doug_Pardee
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Registered: ‎03-09-2010
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Judge denies Penguin's demand for jury trial in refunds case

Judge Denise Cote has ruled that Penguin waived its rights to a jury trial in the Attorneys General (refunds) case, and that the court will not hold separate trials for Penguin and for the other defendants. The "other defendants" at this point are only Apple Computer, since the other defendant publishing houses have all settled.

 

The trial is scheduled for June 3. Now the question is whether Penguin will settle or will join Apple in the courtroom. Macmillan, a considerably smaller operation than Penguin, settled rather than take the risk of being wiped out by a large award. It's possible that the trial might also hold up the merger of Penguin with Random House, which would be another incentive for Penguin to settle.

 

Bibliophile
5ivedom
Posts: 3,544
Registered: ‎12-03-2011
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Re: Judge denies Penguin's demand for jury trial in refunds case

I think Penguin should settle. This might turn into a witchhunt. And in that case Penguin would be left with a very high settlement.

Distinguished Bibliophile
keriflur
Posts: 6,634
Registered: ‎01-05-2010
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Re: Judge denies Penguin's demand for jury trial in refunds case


5ivedom wrote:

I think Penguin should settle. This might turn into a witchhunt. And in that case Penguin would be left with a very high settlement.


Penguin is the pub with the most outlandish prices.  Maybe they fear their comeuppance?