February 13, 2013

California Supreme Court Rejects Sprint’s Latest Appeal; Bursor & Fisher’s $299 Million Trial Victory Survives – Again

Today the California Supreme Court denied Sprint’s latest petition for review of Bursor & Fisher’s $299 million trial victory for a class of 1.9 million Sprint customers who were charged illegal termination fees. After a month-long trial in 2008, the class plaintiffs represented by Bursor & Fisher prevailed on all of their claims challenging Sprint’s termination fees.

Sprint appealed the trial court’s ruling, and lost that appeal on March 3, 2011. Sprint then asked the trial court to reverse its own decision and force individual arbitrations of class member’s claims. The trial court denied that motion and Sprint appealed again. And lost. Sprint then petitioned the California Supreme Court to review the case. Yesterday that petition was denied.

“This case will go down in history as a prime example of abusive litigation conduct by a defendant, seeking only to delay the justice that is long overdue. Sprint has already lost 18 appeals in this case,” said Scott A. Bursor, plaintiffs’ lead trial counsel who has also handled many of these appeals. “We filed this case in 2003. In 2008 we won a trial, prevailing on every one of our claims. We were awarded 100% of the damages we sought. Unfortunately Sprint has delayed justice for years with frivolous appeals. Now that the California Supreme Court has denied Sprint’s most recent frivolous appeal, there is a glimmer of light at the end of the tunnel. Sprint will soon be held to account for $299 million in illegal termination fees.”