Apple iPhone Litigation
Court: Northern District of California

Relevant Time Period: September 21, 2012 to the present

Relevant Model Devices: iPhone 5, iPhone 5S, iPhone 5C, iPhone SE, iPhone 6, iPhone 6s, iPhone 6 Plus, iPhone 6s Plus, iPhone 7, and iPhone 7 Plus, the Fourth Generation iPad, iPad Mini, iPad Air, iPad Mini 2, Update to Fourth Generation iPad, iPad Air 2, iPad Mini 3, iPad Mini 4, iPad Pro, 9.7-Inch iPad Pro, Fifth Generation iPad, iPad Pro 10.5-inch and 12.9 inch models, and Sixth Generation iPad.
Attorneys: Laurence D. King; Frederic S. Fox; Donald R. Hall; David A. Straite; Matthew P. George; Mario M. Choi; Aaron L. Schwartz

On May 15, 2018, Kaplan Fox and co-counsel Cotchett Pitre were appointed to lead the global class action litigation arising out of Apple’s admission on December 20, 2017 that it included code in various iOS updates designed to slow processor speeds.  Plaintiffs allege that Apple misrepresented the effect of the iOS updates, and further allege that Apple’s purpose was to conceal a battery or battery-integration defect in various iPhones and iPads. The consolidated action brings together more than 60 federal class actions, and lead counsel are also tasked with coordinating with litigation brought outside of the United States or in state courts. The Court’s order appointing lead counsel can be downloaded here.

The consolidated amended complaint was filed on July 2, 2018. On October 1, 2018, the Hon. Edward J. Davila denied most of Apple's motion to Dismiss allowing claims to proceed on behalf of international plaintiffs, applying California and federal law worldwide, and allowing computer fraud and trespass claims to proceed. A few consumer protection claims were dismissed with leave to replead. A copy of the order can be downloaded here. Full discovery is proceeding.