- As Anthropic is fighting to stave off a class action by asking the 9th Circuit to consider an appeal of Judge Alsup’s class certification, the Bartz plaintiffs are marching full steam ahead.
- Bartz has enlisted more legal firepower, including Samuel Issacharoff, the Bonnie and Richard Reiss Professor of Constitutional Law at the New York University School of Law and the reporter for the American Law Institute’s Principles of Aggregate Litigation, who is advising Class Counsel on class and procedural issues.
- As well as Matt Oppenheim, who “has served as lead counsel in obtaining many of the largest copyright and trademark verdicts in history, including a record-breaking $1 billion jury verdict against Cox Communications for the music industry, and a $34 million verdict against Book Dog Books for the educational publishing industry.”
- And, today, Bartz filed their motion asking Judge Alsup to approve their class notice to be mailed to prospective class members on September 1st.
- September 1st is also the date they must submit their list of works in the class.
The Bartz book author plaintiffs are trying to strike while the iron is hot.
They added more legal firepower to their team including Samuel Issacharoff, the Bonnie and Richard Reiss Professor of Constitutional Law at the New York University School of Law and the reporter for the American Law Institute’s Principles of Aggregate Litigation, who “is advising Class Counsel on class and procedural issues.”
They also added Matt Oppenheim, who “has served as lead counsel in obtaining many of the largest copyright and trademark verdicts in history, including a record-breaking $1 billion jury verdict against Cox Communications for the music industry, and a $34 million verdict against Book Dog Books for the educational publishing industry.” According to their filing, “Edelson PC and Oppenheim + Zebrak serve as Publishers’ Coordination Counsel to “maximiz[e] the per-work recovery for the class” are “are supported … by the Association of American Publishers.”
And today they have already filed their proposed class notice to be mailed to prospective class members starting on September 1st.
They propose: “Class Counsel recommend that JND Legal Administration (“JND” or the “Notice
Administrator”) act as the class action notice administrator to implement the best notice practicable under the circumstances. In consultation with Class Counsel, JND has purchased additional contact information for potential class members from every known source and developed a comprehensive notice plan.”
Every litigation has ebbs and flows. Right now, the momentum has swung in favor of the Bartz plaintiffs, who appear to mounting a formidable team to “maximiz[e] the per-work recovery for the class.”
If this case does go to trial, Anthropic will likely be in a legal fight for its very existence.
DOWNLOAD BARTZ’S MOTION
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