Inter@ctive WeekFebruary 4, 1997
zdnet.com
Lawsuit Against AOL Gains Class-Action
Approval
By Steven Vonder Haar
1:30 PM EST
Despite America Online Inc.'s settlement with states' attorneys general last week, its legal problems appear far from over.
A federal court in Cook County, Ill., has granted national class-action status to a lawsuit filed against AOL on Dec. 18, which claimed the online service had not lived up to its promise of delivering unlimited usage to subscribers.
With the certification, the suit against AOL gains momentum as the
hodge-podge of lawsuits filed against the online service are consolidated into a single case.
Nearly 50 law firms involved in the AOL case nationwide have pledged
to work cooperatively in support of the class-action suit filed in Cook County. The total represents the majority, but not all, of the law firms involved in litigation against AOL, said Ben Barnow, a member of the court-appointed executive committee managing the certified class-action lawsuit.
AOL's settlement last week with the states' attorneys general will
"absolutely, positively not" sidetrack the legal action under way in the class-action suit, Barnow said.
"Settlement discussions have been ongoing for some time and they do
continue," Barnow said. "Our goal is to bring about a fair and adequate resolution to this case."
Barnow declined to comment on AOL's settlement with the states, saying
he had not yet received a full text of the agreement. The pact called for AOL to provide refunds to customers who ask for them. The refunds are pro-rated based on subscribers' usage of the system in December and January.
Barnow, a partner in the Barnow & Goldberg law firm in Chicago, was
named to represent the class' executive committee, along with Chicago
lawyer Larry Drury and Lawrence Sucharow, a partner in the New
York-based Goodkind, Labaton, Rudoff & Sucharow LLP law firm.
Barnow was one of the first lawyers involved in the latest round of AOL litigation. He represented AOL subscriber Steven F. Schwab in the
lawsuit filed against AOL on Dec. 18, 1996.
AOL spokesman Steve Sigmund could not be reached for comment early
this morning.
- Gee, what's that lead paragraph again? "Despite America Online Inc.'s settlement with states' attorneys general last week, its legal problems appear far from over." I recall someone saying something similar here recently but he was then rebuked by some imperious "lord".
- I guess they hadn't heard the "Lord" Chancellor had issued his decree. Has AOL been struck dumb? Maybe you should contact the lead attorneys and order them not to proceed?
And the beat goes on .......
Regards
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