Hoping to level the playing field for its legal defense, Apple, Inc. has moved a lawsuit over allegedly deceptive iPhone battery claims to a federal court.
Apple was able to make the shift under a recent but increasingly used law known as the Class Action Fairness Act of 2005, or CAFA. Under the terms of the law, any suit whose defendants are based in a different state from the plaintiff, and where damages would total over $5 million, can be moved to the federal level. According to California-based Apple, using the more cautious estimates of Trujillo's complaint would easily amount to over $17 million before factoring in punitive damages — in essence, the equivalent of at least 200,000 4GB iPhones and their battery replacement bills.
The nature of the law allows the iPhone maker to transfer the suit to a different court without any input from the plaintiff, according to CAFA's terms. While this may seem unfair to a casual observer, the Act is designed to prevent the potential biases in judgment that might stem from a trial outside of the defendant's home territory. A federal court would be more likely to consider a case involving multi-state parties objectively, says the reasoning behind the statute.
Co-defendendant AT&T has yet to comment on the decision, but its involvement isn't required; CAFA allows any defendant to remove a case without the agreement of any other companies named in the suit.
And while Apple has had to list the damages it might owe, the transfer notice makes it clear that the company isn't admitting any guilt in the process. In Apple's view, the case would tilt in the defendants' favor regardless of where it took place.
"Apple disputes [the] Plaintiff's allegations, believes the Complaint lacks merit, and denies that [the] Plaintiff or the putative class have been harmed in any way," the company's lawyers said.
15 Comments
So...this guy thinks he's entitled to millions and millions of dollars because he might have to replace his battery in a year?
So...this guy thinks he's entitled to millions and millions of dollars because he might have to replace his battery in a year?
Two words. Public. Beheading.
Ah, the Bottom-feeders are at it again. You know, they make millions on crap like this and justify it by the need of "putting food on the table" and looking out of the "common-folk." All while they live in (Mc)mansions.
First chop off the feet of the Lawyer that takes the money and runs.
Then chop off the hands that feeds them (the Plaintiff's)
Then and only then Behead them both!
Cruel, yes. Justifiable, definitely
First chop off the feet of the Lawyer that takes the money and runs.
Then chop off the hands that feeds them (the Plaintiff's)
Then and only then Behead them both!
Cruel, yes. Justifiable, definitely
"So this is what it's like when Doves cry"