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‘First-to-File’ Rule Applies to 2nd Apple Button-Defect Class Action Lawsuit
By Dominic Rivera
A federal judge rejected efforts to keep another class action lawsuit accusing Apple Inc. of selling iPhones with defective power buttons, stressing that the first-to-file rule applies and will most likely require a case transfer.
U.S. District Court Judge Edward M. Chen ordered plaintiff Debra Hilton to present any reason why her class action lawsuit should not be transferred in the central district of California where there is an existing case already from plaintiff Ross Missaghi. Both class action lawsuit allege that Apple illegally concealed that the power buttons on iPhone 4 and iPhone 4s models tended to fail soon after the devices’ one year warranty expired.
In explaining his ruling, Judge Chen said that Hilton did not provide any legal support that would back her claim that the northern district of California is the appropriate venue for her case. He reiterated that ignoring the first-to-file rule with Hilton’s case would require him to rule on identical claims which would result to duplicating the process already done during Missaghi’s litigation.
The first-to-file doctrine was specifically created to prevent instances like the identical lawsuits from Hilton and Missaghi. In February, Missaghi claimed in his lawsuit that Apple was aware when it made, marketed and sold its smartphones that its devices suffered from a latent defect causing its power buttons to fail. He was asked by U.S. District Judge Gary Allen Feess to amend his complaints to correct deficiencies in a number of claims.
His amendment added a Racketeer Influenced and Corrupt Organization Act claim, accusing Apple and AT&T of forming a “racketeering enterprise” to sell the purportedly defective iPhones. Again, Judge Feess ruled that Missaghi failed to support his claims that Apple and AT&T colluded. The judge granted Missaghi one final amended complaint which he complied last September. Last Monday, Apple moved to dismiss the complaint on the grounds that it is substantially identical to Missaghi’s previously dismissed complaint.
Hilton is represented by Roy Katriel of The Katriel Law Firm.
The Apple iPhone Power Button Defect Class Action Lawsuits are Debra Hilton, et al. v. Apple Inc., Case No.3:13-cv-02167, in the U.S. District Court for the Northern District of California, and Ross Missaghi, et al. v. Apple Inc., Case No. 2:13-cv-02003, in the U.S. District Court for the Central District of California.
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20 thoughts on‘First-to-File’ Rule Applies to 2nd Apple Button-Defect Class Action Lawsuit
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I bought 24S iPhones and almost immediately they both proceeded to die
refuse to repair
I have an iphone4 and I was just a bit lucky it was only days before my warranty ended. I now have another iphone 4 so maybe it will last longer but yes, the button got stuck and the phone would go dead during call or messaging. I also purchased an ipad and the camera locked up and I had to replace it on the same day as the iphone. Both very expensive items.
My home bottom gets jammed and I have to turn it off and wait about 20 minutes and then turn it back on and maybe it may work and also on my iPhone 4 I can be right in the middle of a text or reading my emails and the scene will just go blank and I can’t get another from at &t unless it is a arm and a leg o replace it cause I am not eligible for an upgrade til 2014
My iphone 4 home button stopped working. The AT & T tech tricked me into thinking it was completely broke. I had to pay $200 for a new phone, so I upgraded to the Iphone5. Of course it was shortly after the warranty expired.
I home button does not work most of the time and I have to push it over 12 times to get something done.
Well really is something strange after the home button acting weird the volume down and up is to hard to operate
My friend bought the Iphone 5 and it will vibrate and get hot while he is using it. He traded it and it is still doing the same thing. It like it has its own little earthquakes.
My Iphone 4 will freak out sometimes adding letters I didn’t type when I back space it will clear everything i wrote. I have to turn it off to get it to reset.
This is EXACTLY what happened to my iphone. Home button stopped working. I had to pay $200 to get a new phone. Of course it was shortly after warranty expired.