←back to thread

293 points giuliomagnifico | 3 comments | | HN request time: 0.601s | source
Show context
shayway ◴[] No.45108426[source]
> Amazon argued that the class was too large to be manageable

Sorry, we've wronged too many people to be held accountable! What a wild argument.

replies(9): >>45108604 #>>45108647 #>>45109746 #>>45110618 #>>45111025 #>>45111655 #>>45111976 #>>45112486 #>>45125926 #
gruez ◴[] No.45108604[source]
Looking at Amazon's filings, the argument they made is the following:

>Given the unprecedented size of the proposed class consisting of 288 million members, the individualized issues on which their claims depend, and the overwhelming evidence that the challenged conduct resulted in lower prices in Amazon’s store, Plaintiffs have not—and cannot demonstrate that a class action would be manageable.

The "individualized issues" references arguments presented earlier in the filing. They also cite prior cases where class lawsuits have been denied certification because the class was too big to be manageable. You might disagree with Amazon's lawyers here, but it's unfair to characterize it as "we've wronged too many people to be held accountable". It's an "wild" argument because it's a strawman.

https://storage.courtlistener.com/recap/gov.uscourts.wawd.29...

replies(6): >>45108967 #>>45109449 #>>45110275 #>>45112711 #>>45119708 #>>45121144 #
1. kevin_thibedeau ◴[] No.45110275[source]
> overwhelming evidence that the challenged conduct resulted in lower prices in Amazon’s store

Shkreli made back all the money from his clients that he misappropriated (by gambling with Retrophin shares). He still went to jail for fraud.

replies(1): >>45110467 #
2. nickff ◴[] No.45110467[source]
That was a criminal charge, not a class-action, and very different rules apply. Shkreli also committed one set of frauds against one company which affected many people; Amazon engaged in separate anti-competitive acts against many different companies which affected nearly the whole country.
replies(1): >>45110576 #
3. justinclift ◴[] No.45110576[source]
> which affected nearly the whole country.

And people outside the US as well, though those would likely have to be separate legal matters.