Judge Cote had raised concerns with the settlement because if the court reversed her ruling on a minor issue the lawyers would still get $20 million (instead of $50 million) but the consumers would only get $50 million (instead of $400 million). This appears to be a communication so that the lawyers can say, "we asked the consumers and they don't care".
http://www.reuters.com/article/2014/...0FT2WK20140725
Quote:
If Apple loses its appeal, it would pay $400 million to consumers and $50 million to the states and plaintiffs' lawyers.
In contrast, if Apple's appeal is successful but the 2nd Circuit returns the case to Cote for further proceedings or a new trial, the company would pay just $70 million, with $50 million for consumers. If the 2nd Circuit reversed Cote outright and ended the case, Apple would pay nothing.
On Thursday's call, Cote expressed concern that the middle scenario might be unfair to consumers by undervaluing their claims.
Steve Berman, a lawyer for the consumers, told her that such an outcome would result in a "much bleaker universe" for his clients.
"We thought given that unlikely scenario and the legal risk we would face it would be a good outcome for consumers," he said.
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