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Apple let off the hook in class action
A JUDGE in a San Jose, California US District Court has let Apple off the hook in a class action lawsuit over dodgy Imacs.
The lawsuit was not about the current 27-inch Imacs shipped with cracked screens and display software that does not work, but another case about Imacs that Apple sold back in 2006.
According to Appleinsider, plaintiff Aram Hovsepian filed the class action suit demanding $5 million for himself and others who suffered from Apple's superior build quality.
Judge Jeremy Fogel thought that Hovsepain had made his plaintiffs' class too inclusive. In his complaint Hovsepian attempted to include all people who had purchased an Imac G5 computer in the US.
Fogel thought that class was too broad because it included users who did not experience any problems with their Imacs and therefore had no right to sue.
This case was all about cash, Fogel said. Hovsepian had been given two opportunities to amend his complaint, but he didn't. Accordingly, the lawsuit was dismissed without prejudice.
Hovsepian bought an Imac G5 from Apple in October 2006. He alleged that vertical lines began to appear on his display screen in March 2008, which eventually progressed to the point that the screen was unusable.
Apple knew of or recklessly ignored the existence of the defect that caused premature failure of the display screens, and it failed to take remedial action or remove the defective computers from the marketplace, the complaint alleged.
Ironically the decision came on the same day that Apple released a firmware update to fix flickering and distortion issues with its new, big-screen 27-inch Imacs. µ
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American law suits would make me laugh if they weren't starting to appear in the UK.
How on earth could this guy justify $5 million damages?
The most he can justify is the price of a replacement Mac, the day off he required to go and get it, a bit for gas and maybe some money for a techie to transfer all his files and applications over.
Anything over his obvious losses should be down to the judge to decide as a punishment.
Is it always someone fault if we have a problem? If there is the slightest chance of making money, by all means, take legal action, regardless of merit. This story speaks to the "i'm entitled" attitude. In the US 25% of the cost of healthcare is related to legal action. We tolerate frivolous lawsuits which costs everyone money and disrespects those who have legitimate claims. Whatever happened to doing the honorable thing?
In this specific case there was an opportunity to purchase extended warranty up to 1 year after original purchase. I'm sure it was disappointing to have a failure in the display after a few years as this is not typically a high failure rate item. I expect this disappointment turned to anger, frustration, and rage. I feel sorry for the guy because he had a failure. I think less of him for his greedy self serving behavior that in the end everyone else pays for.
Oh well. I might as well go sue the butcher for that meat I bought off of them that went off after leaving it on the bench for a week. Seriously, the guy should have just spent the time and energy he put into trying to sue the manufacturer and bought a new computer.
Or bought heaps of lottery tickets, he'd make more money out of them than attempting to sue over a 2 year old discontinued machine which could have been fixed anyway.
in this story, the iMac G5 was discontinued in March '06 (January for the 17" model), 7 months before the plaintiff claims to have purchased it. According to him lines started to appear 2 years after the model was discontinued (well beyond normal warranty periods) and he had over 9 months to take it to Apple who would have still repaired it for free (see http://www.apple.com/support/imac/repairextensionprogram/ )