July 9 (Reuters) - A proposed consumer antitrust
settlement with The Walt Disney Co ( DIS ) has kicked off a turf
battle among competing plaintiffs law firms, with one group
calling the deal unfair and the other warning the spat could
blow up the agreement.
Disney ( DIS ) in June agreed to pay an undisclosed amount to settle
a class action lawsuit by YouTube TV, DirecTV Stream and FuboTV ( FUBO )
subscribers represented by law firm Bathaee Dunne who claimed
the company harmed competition for live-streamed paid television
through agreements with providers.
Rival plaintiffs' lawyers at law firms DiCello Levitt and
Lite DePalma Greenberg & Afanador, who represent Fubo consumers
in a related lawsuit against Disney ( DIS ), complained in a Tuesday
court filing that they were excluded from the negotiations.
The filing accused Bathaee Dunne, which sued first in 2022,
of allowing Disney ( DIS ) to engage in a "reverse auction" by agreeing
to an inadequate settlement at the expense of other plaintiffs.
The Bathaee Dunne firm has denied allowing a lowball
settlement and said in court filings that the deal is contingent
on the firm being appointed as lead counsel for classes of
YouTube TV, DirecTV Stream and Fubo subscribers.
Bathaee Dunne said the rival attorneys are "newly-arrived"
and that their jockeying for a bigger seat at the table could
derail the settlement.
Disney ( DIS ), which has denied any wrongdoing, and a lawyer for
the company did not immediately respond to requests for comment.
The lead plaintiffs' attorneys in both cases also did not
immediately respond to requests for comment.
Disney ( DIS ) controls live-stream provider Hulu and the sports
network ESPN ( DIS ). Disney ( DIS ) has required streaming providers such as
YouTube TV to include ESPN ( DIS ) as part of a base package. The
consumer lawsuits contend Disney's ( DIS ) business agreements
artificially increased consumer prices across the market for
livestreamed television.
The proposed Disney ( DIS ) settlement features a monetary component
and other benefits, but the terms have not been publicly
disclosed.
Disney ( DIS ) in a recent filing said the proposed settlement is
not open to renegotiation.
The cases are Biddle v. The Walt Disney Co ( DIS ) and Unger v. The
Walt Disney Co ( DIS ), U.S. District Court for the Northern District of
California, Nos. 5:22-cv-07317 and 5:25-cv-01163.
For Biddle: Yavar Bathaee and Brian Dunne of Bathaee Dunne
For Unger: Joseph DePalma and Steven Greenfogel of Lite
DePalma Greenberg & Afanador; Greg Asciolla and Carrie Syme of
DiCello Levitt
For Disney ( DIS ): Daniel Petrocelli of O'Melveny & Myers
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