In Re: Apple iPhone 3G and 3GS MMS Marketing and Sales Practices Litigation

Filing 286

NOTICE of Recent Decision by Plaintiffs. (Attachments: # 1 Exhibit)(Reference: All Cases)(gec, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION
IN RE: APPLE iPHONE 3G AND 3GS “MMS”
MARKETING AND SALES PRACTICES
LITIGATION
THIS DOCUMENT RELATES TO ALL CASES

MDL No: 2116

SECTION “J”
JUDGE BARBIER
MAGISTRATE JUDGE WILKINSON

PLAINTIFFS’ NOTICE OF RECENT DECISION
Plaintiffs respectfully submit this notice of recent decision to inform the Court of the
decision in In re: American Express Merchants’ Litigation, No. 06-1871-cv (2nd Circuit. Feb. 1,
2012), finding that the Second Circuit’s earlier holding, which held the arbitration provision
unenforceable due to fiscal impracticality, survives the Supreme Court’s decision in AT&T
Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). A copy of the decision, which was issued
yesterday, is attached as Exhibit A.

Respectfully submitted,
/s/ SCOTT R. BICKFORD
SCOTT R. BICKFORD (1165)
Martzell & Bickford
338 Lafayette St.
New Orleans, LA 70130
Telephone:
504/581-9065
Facsimile:
504/581-7636
[e-mail]
Plaintiffs’ Liaison Counsel

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon all counsel
of record via ECF this 2nd day of February, 2012.
/s/Scott R. Bickford
SCOTT R. BICKFORD