Just two months after being targeted by the Department of Justice, Apple was hit with a fresh lawsuit in the Northern District of California alleging anti-competitive practices and lost a bid in the U.S. Court of Appeals for the Ninth Circuit to block an antitrust class action.

The plaintiffs, represented by Keller Rohrback, filed a new class actionKouyate v. Apple, on May 23. The suit accuses Apple of violating Sections 1 and 3 of the Sherman Antitrust Act (15 U.S.C. §§1, 3) and seeks damages and injunctive relief on behalf of all U.S. residents who purchased a smartphone from Apple without the intent to resell.