This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Product Liability
Defect

Betsalel Williamson v. Apple Inc.

Published: Oct. 6, 2012 | Result Date: Sep. 4, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 5:11-cv-00377 EJD Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Steve W. Berman
(Hagens, Berman, Sobol & Shapiro LLP)


Defendant

Andrew D. Muhlbach


Facts

A class action was filed against Apple Inc. for allegedly overstating the durability of the iPhone 4's glass casing. The lead plaintiff claimed that he bought the phone for about $320 based on Apple's marketing that led him to believe that the phone was "ultradurable." The iPhone 4 used glass panels on the front and back of the phone "for optical quality and scratch resistance." In an Apple conference, an Apple executive allegedly referred to the glass casing as being comparable in strength to sapphire crystal and 30 times harder than plastic.

Result

U.S. District Judge Edward Davila dismissed the lawsuit, simply because "glass breaks." The marketing claims were mere puffery and that no reasonable consumer would be misled into believing that the glass casing was indestructible.


#91758

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390