Apple can now check one off of its laundry list of current lawsuits. According to Bloomberg, Apple Inc., will not face a lawsuit claiming it didn’t immediately tell customers about the limited life of batteries for its iPhone or their $86 replacement cost, including delivery.
Jose Trujillo sued Apple in the state of Illinois in July 2007. Apple later had the suit, that accused the tech company of consumer fraud and seeking class action status, moved to Federal Court. There, U.S. District Judge, Matthew F. Kennelly, of Chicago, granted Apple’s request that suit with a so-called summary judgment. “Apple disclosed on the outside of the iPhone package that he ‘battery has limited recharge cycles and may eventually need to be replaced by Apple service provider.’ Under the circumstances, no reasonable jury could find that deception occurred,” Kennelley wrote in his September 23rd opinion. Jose Trujillo’s lawyer wasn’t available for comment.
Unfortunately, AT&T was not so lucky. On September 22rd, the same judge denied AT&T’s motion to compel arbitration. Kennelly said that at the time Trujillo purchased the iPhone, he “did not have access to a paper copy of any documents explaining or referencing the terms of service, including in particular the arbitration requirement.” For those of you now in the know of legal lingo: The use of arbitration is typically used by company’s to keep down legal costs. (Good luck with that.) The judge scheduled a hearing for September 29th.
[via Bloomberg]
