Tech giants appeal settlement decision in Silicon Valley hiring case

The judge's recent settlement rejection was a clear error as a matter of law, attorneys said

Attorneys for Google, Apple, Adobe Systems and Intel have appealed a judge's decision to throw out a proposed settlement in Silicon Valley's employee hiring case.

Attorneys for the companies filed a petition Thursday evening with the U.S. Court of Appeals for the 9th Circuit, appealing Judge Lucy Koh's recent decision to throw out a proposed US$324.5 million settlement. Plaintiffs in the class-action case, Silicon Valley technology workers, accuse executives at the companies of conspiring not to hire each other's workers between 2005 and 2009, which they say suppressed their wages and restricted their mobility.

Federal district court Judge Koh rejected the settlement in early August, on the grounds that it was too low given the strength of the evidence -- specifically emails between executives -- that would support a trial. That decision was a "clear error as a matter of law," attorneys wrote in the Thursday filing.

"The district court applied a mechanical formula that overrode sensitive judgements of the class's own counsel based on confidential information regarding the serious risks posed by their claims and their chances of success at trial," it said.

"The ruling will inflict significant harm on all parties and the class action procedure," it said.

A proposed start date for a trial has already been set for Jan. 12. Attorneys for both the defendants and plaintiffs have until Monday to file a joint statement regarding the proposed pretrial and trial dates.

If there is a trial, the reputations of several major technology companies could be re=evaluated, particularly if executives like Google executives Larry Page or Eric Schmidt take the witness stand.

Google and Intel declined to comment beyond the filing. Apple and Adobe did not immediately respond for comment.

Zach Miners covers social networking, search and general technology news for IDG News Service. Follow Zach on Twitter at @zachminers. Zach's e-mail address is zach_miners@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags internetbusiness issuesGoogleApplelegalinteladobepersonnelInternet-based applications and servicesCivil lawsuits

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Zach Miners

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Skywatcher Dobsonian 8″ Collapsible Telescope

Learn more >

Family Friendly

Whodunnit™ Duo-Scope MFL-007 Microscope Kit

Learn more >

Stocking Stuffer

Logitech Ultimate Ears Wonderboom 2 Bluetooth Speaker

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?