Overheating iPad Lawsuit Tossed by Judge
Several months ago one of our PadGadget partners experienced the unfortunate phenomenon of an overheating iPad while enjoying his morning caffeine fix at a Starbucks in Palo Alto. We were aware of the rumors and eventually experienced the overheating situation firsthand. Shortly thereafter, we reported on, a class-action lawsuit filed against Apple because the plaintiffs claimed they were mislead into purchasing an iPad.
The three plaintiffs, Balthazar, Keller and Browning, originally purchased iPads because of Apple’s claims that reading on an iPad is just like reading a book. Furthermore, they alleged the iPad, unlike a book, overheats in warm weather conditions or when exposed to direct sunlight.
Now after several months, ComputerWorld reports U.S. District Court Judge Jeremy Fogel dismissed the lawsuit submitted in July 2010. Fogel stated the charges accusing Apple of fraud and deceptive advertising were inadequate and therefore, dropped.
“The Court concludes that these allegations are insufficient,” Fogel wrote in his order. “At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement.”
Fogel then gave the three plaintiffs 30 days to file an amended complaint detailing specific information describing the advertisements which ultimately led to their purchasing the iPad.
Will Balthazar, Keller and Browning actually file an amended lawsuit against Apple? Who knows, but regardless of their claims, the iPad has enjoyed a successful year. With the upcoming release of the iPad 2 just around the corner, we’ll see whether or not this “issue” has been resolved in the new version.
