updated 09:13 pm EDT, Thu August 29, 2013
'Wiggly' power buttons on iPhone 4, 4S claimed to be safety hazard
A US District Court Judge has thrown out a lawsuit aimed at Apple that alleged that supposedly "wiggly" power buttons on some iPhone 4 and 4S handsets present a danger to users, including on an aircraft -- since the alleged defect meant users can't shut down the iPhone per the flight crew's instructions. Two users claim that Apple knew that the power button was faulty and would likely fail after the original warranty.
Judge Gary Feess dismissed the claim, saying that the plaintiffs had failed to prove a willful breach of warranty. He also denied the request by Ross Missaghi and Charles Thompson to bring racketeering charges under the RICO act against Apple and AT&T over the alleged defect.
A second but independent case that contains many of the same allegations is still in court, however. It too claims that the power button is likely to become inoperable after extended use, failing after Apple's one-year warranty period and thus forcing users to pay $150 to resolve the problem. The plaintiff in that case is arguing that it is the flex cable mechanism attached to the power button that is defective, rather than the power button itself.
Judge Feess will give the plaintiffs in the just-dismissed case one more chance to re-file the lawsuit with an amended pleading of liability. The deadline on that re-filing is September 13.