In re Apple iPhone/iPod Warranty Litigation

Case # 10-cv-01610
Case Name In re Apple iPhone/iPod Warranty Litigation
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that Apple's warranty policies for their iPhones and iPods were designed to prevent consumers from getting covered services.  The terms of the warranty excluded damages from "liquid submersions" and Apple used indicator tape to show when the products were liquid damaged.  However, these indicator tapes were known to give false positives when exposed to normal wear and tear, such as high humidity.  Apple customers had little recourse in making warranty claims, even if their covered items were not actually liquid damaged.

Final Approval Date 05/08/2014
Result
  1. The Kessinger Objection was withdrawn when Objector Kessinger was ordered to appear for a deposition.
  2. Final Approval granted.
  3. Despite having been found to not have standing (see Final Approval Order, at 21:4-22:18), Objector Casey appealed the Final Approval.
  4. Objector Casey voluntarily withdrew his appeal.
Dismissal of Last Appeal 07/17/2014
Attachments Docket Report.pdf
Master Complaint.pdf
Preliminary Approval Order.pdf
Order Requiring Objector Discovery.pdf
Plaintiffs' Response to Objections.pdf
Final Approval Order.pdf
Fairness Hearing Transcript.pdf
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Objection of J. Scott Kessinger

Objectors J. Scott Kessinger
Signers Steve A. Miller
Attorneys Steve A. Miller
John C. Kress
Maureen Connors
Jonathan E. Fortman
Summary
  1. Claims process is designed to depress the number of claimants.
  2. Cy pres provisions are improper.
    • Class counsel have a business relationship with one of the proposed cy pres recipients.
  3. Attorneys' fees are excessive, given the relief gained by the class.

Class counsel motioned to depose Objector Kessigner, which was opposed.  Objector Kessinger simultaneously motioned to depose Class Counsel.  The deposition of Objector Kessinger was granted, while the motion to depose Class Counsel was denied.  The next day, Objector Kessinger withdrew his objection.

Attachments Objection of J. Scott Kessinger.pdf
Kessinger Motion to Quash Subpoena.pdf
Order Denying Kessinger Motion to Quash Subpoena.pdf
Joint Letter Regarding Discovery of Objector Kessinger.pdf
Joint Letter Regarding Kessinger Deposition of Class Counsel.pdf
Withdrawal of Kessinger Objection.pdf
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Objection of Michael Casey

Objectors Michael Casey
Signers Michael Casey
Attorneys
Summary
  1. Attorneys' fees are excessive and abstrusely calculated.
  2. Cy pres recipients are not adequately connected to the class.

Class counsel believes this objection may be orchestrated by Joseph Darrell Palmer (see Plaintiff's Response to Objections, page 13, footnote).

Class counsel attempted to depose Objector Casey, who refused to communicate and failed to appear for the noticed deposition.

Class counsel motioned for sanctions against Objector Casey following his appeal.  Objector Casey then voluntarily withdrew.

Attachments Objection of Michael Casey.pdf
Letter Regarding Discovery of Objector Casey.pdf
Letter From Objector Casey Regarding Discovery.pdf
Declaration Regarding Casey Discovery.pdf
Declaration Regarding Casey Discovery (Part 2).pdf
Appeal of Objector Casey.pdf
Motion to Dismiss Casey Appeal and Impose Sanctions.pdf
Dismissal of Casey Appeal.pdf
Casey Appeal Docket.pdf
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