Apple Device Litigation
In re Apple Inc. Device Performance Litigation
United States District Court for the Northern District of California
Case No. 18-md-02827
On February 28, 2020, a Motion for Preliminary Approval of Proposed Settlement was filed with the Court. The Court has scheduled its consideration for preliminary approval of this proposed class action settlement for April 3, 2020.
Briefly, the settlement provides for a non-revisionary class settlement amount between $310 and $500 million. For more detailed information, you may review the Stipulation of Settlement in the Case Documents below.
The proposed Settlement Class is defined as: all former or current U.S. owners of iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, and SE devises running iOS 10.2.1 or later (for iPhone 6, 6 Plus, 6s, 6s Plus and SE devices) or iOS 11.2 or later (for iPhone 7 and 7 Plus devices), and who ran these iOS versions before December 21, 2017. For purposes of this definition, “U.S. owners” shall include individuals who owned, purchased, leased or otherwise used an eligible device for personal, work or any other purposes. An individual qualifies as a U.S. owner if his or her device was shipped to the United States, its territories and/or possessions.
Please be advised we are unable to respond to questions confirming any individuals’ membership in the proposed Settlement Class as defined by the Court.
In 2016, Apple announced that certain iPhones were affected by a battery problem that caused the devices to shut down for no apparent reason. Plaintiff alleges that Apple knew about the defect and failed to disclose it properly to customers. Instead, Apple issued an iOS update that actually reduced functionality and battery life, causing customers to purchase new iPhones.
On January 17, 2018, Keller Rohrback L.L.P. filed a lawsuit in federal court in the Northern District of California against Apple, Inc. for the severe reduction in functioning of older version iPhones caused by functionally mandatory iOS updates. Plaintiff sought damages for interference and loss of value to Class Members’ iPhones, purchases of new batteries, deprivation of use of iPhones, and phone replacements. Plaintiff also sought relief requiring Apple to modify iOS so that it does not slow the performance of affected iPhones and to provide owners of affected iPhones with notice that the slow performance is caused by modifications to the iOS.
On April 4, 2018, the Judicial Panel on Multidistrict Litigation ordered transfer of all pending federal cases to the Northern District of California. The Honorable Edward J. Davila is presiding over the proceedings.
On May 15, 2018, Judge Davila granted the motions to consolidate the actions for pretrial purposes and appointed Karin B. Swope of Keller Rohrback L.L.P. to the Plaintiffs’ Executive Committee as co-chair of the Offensive Discovery and ESI Coordination Committee.
After nearly two years of hard-fought litigation, including extensive motion practice, substantial discovery, along with multiple in-person mediations, and the ongoing discussions that followed with the assistance of a very experienced mediator, the parties reached an agreement to resolve all the claims against Apple, Inc.
Stipulation of Settlement – 02/28/2020
Transfer Order – 04/04/2018
Complaint – 01/17/2018