Judge tosses lawsuit which insufficiently alleged iPad ‘overheating’

ZAGGmate iPad case“In an order dated last Thursday, U.S. District Court Judge Jeremy Fogel dismissed a lawsuit submitted in July 2010 that accused Apple of fraud, deceptive advertising and violating California’s consumer protection and unfair business practices laws by making, marketing and selling defective tablets,” Gregg Keizer reports for Computerworld.

“The three plaintiffs — Jacob Balthazar, Claudia Keller and John Browning — said last year that they were duped into buying a defective device by Apple’s marketing claims that ‘reading on iPad is just like reading a book,'” Keizer reports. “Balthazar, Keller and Browning alleged that, unlike a book, the iPad unexpectedly shuts down in warm weather or when it’s in direct sunlight.”

Keizer reports, “But on Thursday, Fogel said that the trio’s original charges were inadequate. ‘The Court concludes that these allegations are insufficient,’ Fogel wrote in his order.”

Read more in the full article here.

[Attribution: ZDNet. Thanks to MacDailyNews Reader “Edward W.” for the heads up.]

Related articles:
Apple hit with class action lawsuit because iPad does not work ‘just like a book’ as claimed – July 29, 2010
Apple sued over claims iPad overheats in warm conditions – July 27, 2010


  1. A trio of hucksters attempting and failing to sucker money out of Apple. I mean come on even if the iPad did overheat and burn off his gonads that would have done mankind a Darwinian favor by preventing procreation of the next generation of fucktards.

    1. Lol

      Since when does an iPad get hot?
      Some people will sue over anything these days.
      I vaguely remember this from last year, didn’t they claim it overheated in direct sunlight after like 2-3 hours?

    2. Comeon bro, dont be so stink, they just wanted a new life, new car and not work for the rest of their lives cus there computer got hot enough to warm the blood in their legs.
      You guys are kill joys
      God loves a tryer hehehehe

      The reflection of the light from the ipad caused me mental stress and I cant take a piss at night and cant make love to my 125kg wife cus its affected my stiffy… 10millions dollars would help put a bit of lead back in my pencil 😉

  2. ‘What in tarnation! This ain’t no book! It ain’t got no paper! I can’t wipe me backside with it while I’m in the outhouse! I’m a suin Apple! I will! Git outa my way!’

  3. I had read this issue did affect several people when using the pad in direct sunlight. After about 20 minutes the device would overheat and they have pictures of the device showing the warning sign that it’s too hot. Look it up. In any case I had heard it was isolated and not common. So sounds like a simple replacement is all that is needed.

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