District Court Rejects Apple’s Motion to Dismiss in MacBook Butterfly Keyboard Case
By Order dated November 22, 2019, United States District Judge Edward J. Davila denied Apple’s motion to dismiss Plaintiffs’ First Amended Class Action Complaint. Apple moved to dismiss the FAC on the basis that its Keyboard Service Program provides Plaintiffs the remedy they seek, mooting their claims and eliminating their ability to establish injury or standing. Plaintiffs pled that Apple’s repair program does not provide an effective fix for the defective keyboards, exposing consumers to repeat keyboard failure. Furthermore, Plaintiffs pled that Apple’s repair program does not provide for full monetary relief. The Court’s order agreed with Plaintiffs, determining that Plaintiffs established standing and sufficiently pled claims under the CLRA and Song-Beverly Act, along with the other claims in the FAC.
Attorneys for this case:
Steven A. Schwartz
Benjamin F. Johns
Beena M. McDonald