Ninth Circuit Denies Appellate Review of Order Granting Class Certification in MacBook Litigation

On October 12, 2021, the United States Court of Appeals for the Ninth Circuit issued an order that denied Apple’s attempt to take an interlocutory appeal of the Northern District of California’s March 8, 2021 order granting class certification. This case involves Apple’s MacBook laptops equipped with a “butterfly” keyboard mechanism. The Plaintiffs allege that the butterfly keyboards are defective because small amounts of debris can become lodged underneath the keyboards, leading to symptoms such as the letters repeating unexpectedly or not appearing at all, and also feeling sticky or not responding in a consistent manner. The District Court certified a class defined as “all persons who purchased, other than for resale, within California, New York, Florida, Illinois, New Jersey, Washington or Michigan, an Apple MacBook from any of the model years 2015-2017, an Apple MacBook Pro from any of the model years 2016-2019 (excluding the 16 inch MacBook Pro released in November 2019), or an Apple MacBook Air from any of the model years 2018-2019.” The Court also appointed the Plaintiffs as class representatives, and designated the law firms Chimicles Schwartz Kriner & Donaldson-Smith LLP and Girard Sharp LLP as class counsel.

Attorneys for this case:

Steven A. Schwartz
Benjamin F. Johns
Beena M. McDonald