Judge tosses lawsuit targeting allegedly faulty iPhone 4 power button
A U.S. district court judge on Wednesday threw out a case leveled by two iPhone owners who claimed the allegedly "wiggly" power buttons of some iPhone 4 and iPhone 4S handsets are hazards to users.
iPhone 4 power button flex cable. | Source: iFixit
According to court minutes, U.S. District Judge Gary Feess denied the request by Ross Missaghi and Charles Thompson to bring Racketeer Influenced and Corrupt Organizations (RICO) claims against Apple and AT&T over an allegedly faulty iPhone power button design, reports GigaOm.
In their complaint, first filed in February, the plaintiffs alleged Apple knew that a power button design flaw existed in the iPhone 4 and 4S, but did nothing to rectify the situation.
A number of scenarios were cited that looked to prove possible harm from the purported defect, which apparently does not allow a user to turn off their phone. One of the more quizzical allegations involved taking a faulty iPhone on a plane.
From the dismissal:
The court will allow one final opportunity at an amended pleading of liability, which must be filed by Sept. 13.
A nearly identical case was lodged against Apple in May claiming much the same as the now tossed suit. In that case, the plaintiff argued that the flex cable mechanism attached to the power button would become inoperable after extended use, usually after Apple's one-year warranty had expired.
The second case, which also looks to bring a class action against Apple, is still in court.
iPhone 4 power button flex cable. | Source: iFixit
According to court minutes, U.S. District Judge Gary Feess denied the request by Ross Missaghi and Charles Thompson to bring Racketeer Influenced and Corrupt Organizations (RICO) claims against Apple and AT&T over an allegedly faulty iPhone power button design, reports GigaOm.
In their complaint, first filed in February, the plaintiffs alleged Apple knew that a power button design flaw existed in the iPhone 4 and 4S, but did nothing to rectify the situation.
A number of scenarios were cited that looked to prove possible harm from the purported defect, which apparently does not allow a user to turn off their phone. One of the more quizzical allegations involved taking a faulty iPhone on a plane.
From the dismissal:
Judge Feess ultimately dismissed the claim, saying the plaintiffs failed to prove a breach of warranty and RICO.Thus, every time [Plaintiffs] or another owner of a defective iPhone 4 or iPhone 4s brings the device on an airplane, unless the individual has thought ahead and gone through the inconvenience and time required to allow the battery to drain, the defect causes potential interference with ?communications, navigation, flight control, and electronic equipment? in the airplane. The defect thus presents a safety hazard not only to the owner, but to everyone else on the airplane, as well as potentially people on the ground.
The court will allow one final opportunity at an amended pleading of liability, which must be filed by Sept. 13.
A nearly identical case was lodged against Apple in May claiming much the same as the now tossed suit. In that case, the plaintiff argued that the flex cable mechanism attached to the power button would become inoperable after extended use, usually after Apple's one-year warranty had expired.
The second case, which also looks to bring a class action against Apple, is still in court.
Comments
Settings>Airplane Mode
A lot of people don't bring their device into Apple soon enough, that happens too.
Either way, they were trying to sue thinking the power button was a hazard, which it isn't.
Sounds like they are just upset and not sure how to not be upset anymore. Glad it was thrown out.
I think the plaintiff themselves pose more harm to the world due to the very real possibility of them breeding. A truly frightening scenario.
Quote:
Originally Posted by Mechanic
What a stupid lawsuit. My Daughter owns my iPhone 4 that is now 4 years old, and the power button is still going strong, and my iPhone 4S now 2 years old has no issues either.
I'd keep hold of that 4 year old iPhone 4. Such early prototypes are hugely valuable.
I agree. But I don't think many politicians have the guts to bring this up, since it looks like it is designed to prevent or deny the poor the ability to sue
As someone who had to replace two iPhone 4's for this very flaw, I can attest to it's existence. That said, at worst it was annoying and inconvenient, and attempting to label it as hazardous for the reasons they describe is ridiculous. That was just some ambulance chasing lawyer's attempt at padding the lawsuit to maximize on any potential award.
My own experiences, plus those of the many others who discuss it in the Apple forums, have me convinced that this was in fact a design flaw that Apple was aware of, and it would have been nice to see them own up to it instead of attempt to blame me for "dropping the phone" both times the power button failed on me.
Quote:
Originally Posted by Curtis Hannah
This is stupidity, we have 3 1/2 year old and it is better than any galaxy(by the way it looks retarded and a battery hog)
What does anything about this story have to do with any other phone?
May I add there are other faults on iPhones that are conveniently swept under the carpet by many on this site.
Sites like AI should be impartial and report these as they can be dangerous to users.
Maybe if people did not make ridiculous claims like "dangerous to users" people would be more open to discussing every tiny little issue that comes out.
Quote:
Originally Posted by androidforme
Quote:
Originally Posted by Cash907
As someone who had to replace two iPhone 4's for this very flaw, I can attest to it's existence. That said, at worst it was annoying and inconvenient, and attempting to label it as hazardous for the reasons they describe is ridiculous. That was just some ambulance chasing lawyer's attempt at padding the lawsuit to maximize on any potential award.
My own experiences, plus those of the many others who discuss it in the Apple forums, have me convinced that this was in fact a design flaw that Apple was aware of, and it would have been nice to see them own up to it instead of attempt to blame me for "dropping the phone" both times the power button failed on me.
I agree.
May I add there are other faults on iPhones that are conveniently swept under the carpet by many on this site.
Sites like AI should be impartial and report these as they can be dangerous to users.
It would be negligent of you not to share some of these "dangers" with us ignorant Apple users. We might hurt ourselves.
Quote:
Originally Posted by MikhailT
We need to change the laws to force folks to pay the defendant's lawyer and any filing fees for all lawsuits. They'll change their minds about filing stupid suits like this.
Quote:
Originally Posted by starbird73
I agree. But I don't think many politicians have the guts to bring this up, since it looks like it is designed to prevent or deny the poor the ability to sue
It is not about politicians having guts.
Making the plaintiff pay the defendants legal fees when the plaintiff loses a lawsuit will not happen in the U.S.
The reason is because Lawyers stand to lose a huge amount of money if such a law was enacted in the U.S.
Lawyers make up the most powerful special interest group in the U.S. by far. And many politicians also happen to be lawyers.
They will oppose any change to the law since it directly reduces their income.