In the latest salvo in a case against Apple, Inc. concerning allegedly defective MacBooks, the consumer plaintiffs are fighting once again to survive dismissal.
Plaintiffs in the consumer class action to alleged defects in Apple’s 13.3 inch M1 MacBook Air and 13.3 inch M1 MacBook Pro filed a Second Amended Consolidated Class Action Complaint (SAC) on October 21. The SAC followed Northern District of California Judge Vince Chhabria’s September 30 request to file an amended complaint, one that “does a better job of alleging that Apple had knowledge of the alleged defects at the time plaintiffs bought the products.” Judge Chhabria’s two paragraph order gave further guidance to the plaintiffs: “The Court assumes that the new complaint will represent plaintiffs’ best and final effort to allege [Apple’s] knowledge (as well as alleging a basis for equitable and injunctive relief).”
In the SAC, plaintiffs allege that they bring the action “individually and on behalf of a class of similarly situated owners of Apple’s 13.3-inch M1 MacBook and 13.3 inch Mi MacBook Pro. This action arises from Apple’s concealment of a material defect stemming from the thin display and the low clearance between the top case and thin display that is central to the operation of the MacBooks, and which ultimately causes the display to crack and to blotch during regular use free of user interference.”
Apple moved to dismiss the SAC on November 14, and Plaintiffs filed their opposing brief on November 28t All arguments are addressed to the sufficiency of the pleadings, e.g., whether the SAC allegations plausibly give rise to an inference that Apple had knowledge of the defects, rather than to the veracity of the allegations. The hearing on the motion is scheduled for January 12, 2023.
Plaintiffs’ counsel are Bursor & Fisher, P.A. and Migliaccio & Rathod LLP. Apple’s counsel is Weil Gotshal & Manges LLP.
