John Paczkowski in All Things Digital on the first iPhone 4 antenna lawsuits filed in federal court in Maryland:
And there it is, the first iPhone 4 lawsuit–not six days after the device first went on sale (and well within the two-week return period).
How successful are such lawsuits? Not very. Especially more so those lawsuits filed within days after a product launch—for a product with a liberal return policy. Such lawsuits are typically broad and difficult to prove. The suit covers these areas:
- General negligence
- Defect in design
- Breach of warranty
- Deceptive trade practices
- Intentional misrepresentation
- Negligent misrepresentation
- Fraud by concealment
#1 is nearly impossible to prove. #2 must show a defect (that won’t be easy). #3, uh, there’s that return policy to deal with. #4 must show intent, and ditto for #5, #6, and #7. Who instigates such causes? Customers? No, lawyers. Shakespeare was right.
As an example:
Plaintiffs were sold defective iPhone 4 units, which drops calls and data service when held in a manner consistent with normal wireless phone use.
How can that be proved when all cell phones can drop calls and data service when held or positioned in different ways? Dropped service is caused by so many factors, including, but not limited to sweaty palms, antenna location, cell tower location, nearby obstructions, and so on.