updated 10:05 pm EST, Tue December 9, 2008
3G case against Apple ATT
AT&T and Apple are pushing to have a New York court dismiss a number of charges in a class-action suit alleging that the iPhone's 3G performance falls short of advertising claims. The plaintiff in the case, Avi Koshitzki, also added additional accusations regarding cracks in the phone case. In the event that the dismissal is rejected, the companies have also filed a motion to compel arbitration, claiming that the arguments would be better suited for an alternative dispute resolution process outside of the court.
The arguments in the dismissal filing suggest that the plaintiff is unable to present any facts in the contract-based claims. The lawyers also point out a large number of legal technicalities with the plaintiff's case. If the judge agrees that the flaws are substantial, many or all of the claims could easily be dismissed.
Apple is not a stranger to iPhone lawsuits, with several currently in progress across the country. Several proceedings in New York and California carry a range of claims, from Cartwright Act violations to poor device quality and software problems.
A judge recently dismissed several claims of unfair and deceptive trade practices in a separate class action suit, but denied the motion to throw out the Sherman Act, computer trespass, computer fraud, and Magnuson-Moss warranty allegations.
The Koschitzki case is still open for interpretation. With the large number of concurrent lawsuits, Apple's first defense has been to file for dismissal. The judge retains the power to dismiss or uphold each of the individual claims, and can also choose if the case should move to arbitration.