“Apple Inc. won’t 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,” Thom Weidlich reports for Bloomberg.
“U.S. District Judge Matthew F. Kennelly in Chicago granted Apple’s request that he dismiss the lawsuit on the evidence and the law without a trial — a so-called summary judgment. ‘Apple disclosed on the outside of the iPhone package that the’ battery has ”limited recharge cycles and may eventually need to be replaced by Apple service provider,” Kennelly wrote in his Sept. 23 opinion, quoting the packaging. ‘Under the circumstances, no reasonable jury could find that deception occurred,'” Weidlich reports.
“Jose Trujillo sued Apple in Illinois state court in July 2007, accusing the company of consumer fraud and seeking class- action, or group, status. Cupertino, California-based Apple had the case moved to federal court,” Weidlich reports.
“Trujillo’s lawyer, James R. Rowe of Chicago, didn’t return a phone call seeking comment yesterday,” Weidlich reports.
Full article here.
Too bad the judge wouldn’t (or couldn’t *cough, tort reform, cough*) compel Trujillo and his lawyer to pay for any and all costs that Apple incurred relating to this frivolity.