Category: litigation

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litigation

Another iPhone Antenna Lawsuit

On the rumored eve of the iPhone 5 release, I spotted this case–Jethro Magat v. Apple Inc.–in Justia Dockets & Filings.

The original complaint was filed on June 23, 2011 with the clerk of the U.S. District Court in the Central District of California. According to the complaint, the plaintiff purchased an iPhone 4 on January 19, 2011. The iPhone allegedly had a “connection problem caused by the iPhone 4’s antenna configuration that makes it difficult or impossible to maintain a connection.” “Plaintiff is informed and believes and thereon alleges that this is a known defect in the iPhone 4 which was never disclosed to its purchasers.” “Had the true facts been disclosed, Plaintiff and other Class members would not have purchased the iPhone 4 at the price and under the terms and conditions to which they were and are subjected….”

Now, let’s review the timeline.

So, six months after the press conference on the iPhone 4’s connection problems, the Plaintiff purchased the same phone. So, what do you think about his claim that this was never disclosed to him and that he would not have purchased the phone?

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litigation

How to Get Excused from Jury Duty

The one time I sat on a jury, I had the privilege of witnessing people offer every conceivable explanation to get excused including telling the judge in English that they had problems understanding English. Depending on the judge, that excuse may or may not get you far. If you want to be more convincing in your appeal, stop bathing for a week before you are scheduled to be called. However, your friends, family members or co-workers might revolt. Turns out, bad mouthing jury duty in Facebook can also get you booted off the jury. I think this only works if you set your privacy settings to allow persons others than friends to view your Status Updates.

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litigation

Deal or No Deal

The New York Times reports that a new study compares the settlement offers and trial outcomes for plaintiffs and defendants who ended up going to trial. The study was performed by DecisionSet, a litigation and settlement research firm.

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litigation

You lost me at…T-Shirt

From the Complaint in Brittany Pitts v. Joseph R. Francis et al.:

Plaintiff was socializing with friends and new acquaintances on the beach in Panama City when she was approached by Defendant Joe Francis as an agent and representative of Defendant Mantra Films and Defendant MRA. Defendant Francis and another agent of the Defendants coerced Plaintiff into exposing her breasts while being filmed in return for a single t-shirt.

Joe Francis is the founder of Mantra Films, which produces the infamous Girls Gone Wild video series. Coerced I understand. However, coerced in return for a single t-shirt? What does that even mean?

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litigation

BeOS is Better than Windows

From the Complaint filed in Daisy Mountain Fire District v. Microsoft Corporation:

Software companies offering superior operating systems and/or lower prices (namely, companies such as Digital Research, Inc. (“DRI”), International Business Machines (“IBM”), and Be, Inc.) were not able to compete with Microsoft because of Microsoft’s unlawful conduct.

C’mon. You can’t be serious. I’m no fan of Microsoft, but to claim that BeOS couldn’t compete because of Microsoft’s unlawful conduct is absolutely ridiculous. All this time, I thought BeOS was competing against Mac OS, not Microsoft Windows. Instead of resolving this problem in the courtroom, the Daisy Mountain Fire District (and similarly situated government entities, agencies and political subdivisions of the State of Arizona) can take a truly meaningful stand by supporting other operating systems, such as Mac OS X, Linux, or even the BeOS-inspired Haiku open-source operating system. And, it’s not like Microsoft Word and Microsoft Excel are the only two choices out there. Google Apps anyone? Suing and getting a coupon back doesn’t change the market dynamics. Switching to alternative operating systems and applications does.