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
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.
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