“The Court concludes that these allegations are insufficient,” wrote U.S. District Court Judge Jeremy Fogel, according to Computerworld. “At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement.”
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The plaintiffs alleged the iPad “overheats so quickly under common weather conditions,” and fails to “live up to the reasonable consumer’s expectations created by Apple.”
They also claimed Apple told consumers “reading on iPad is just like reading a book.”
Judge Fogel said the plaintiffs hadn’t offered any proof to back up their claims, so he dismissed the case. That doesn’t, however, mean the lawsuit is dead in the water.
The Judge gave the plaintiffs 30 days to file an amended complaint that includes information that actually supports the claims they made against Apple.
Apple has not commented on the lawsuit.
Discussion