Judge throws out iPhone “wiggly” power button case


Two iPhone owners struck out in their attempt to sue Apple and AT&T over an alleged conspiracy to conceal evidence of a defective cable inside the phone that caused the on-off switch to malfunction.


In a Wednesday ruling in San Jose, US District Judge Gary Feess threw out the case in which the iPhone owners presented comment and video evidence of a “wiggly” power button, and asked to start a national class action.


In his ruling (below), the judge states that Apple had no obligation to disclose defects that arose after the warranty for the phone expired. He added it was “speculative” to claim that a faulty power button represented a safety hazard:




Certainly being stranded in a broken down car, where there may not even be cell service, is as speculative a safety concern as being stranded with a broken phone.



The lawsuit, which was filed in May, also named phone carrier AT&T as a defendant under a federal racketeering statute known as RICO. It claimed that AT&T and Apple had conspired to conceal the defect so that they could sell more phones in the period before customers’ contracts ran out.


You can read a copy of the Minutes in Chamber, spotted by Law360, for yourself here:


Apple Power Button Dismissal


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