In an opinion issued this week, Judge Denise Cote shot down Penguin’s request for a jury trial to hear the remaining state and the consumer class action cases against them. “Penguin’s March 15, 2013 motion for a jury trial on the States’ claims is denied,” Cote ordered, holding that it was “clear that Penguin, along with all other litigating parties, knowingly and intentionally waived a jury determination of liability on the States’ claims.” The decision means that, barring a last minute settlement, Penguin will be joining Apple at the defense table on June 3 as the bench trial gets underway in the long-running e-book price fixing case.
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