Posts Tagged 'lawsuit'

Unhappy with the 3G iPhone’s performance? sue

We all knew it was coming, it was just a matter of time. A lawsuit has been filed against Apple over what the plaintiff is referring to as the “Defective iPhone 3G,” which she hopes will become a class-action complaint. Alabama resident Jessica Alena Smith filed the complaint yesterday against the iPhone maker, alleging that the new iPhone’s 3G performance and reliability has been subpar, despite the claims made by Apple’s aggressive marketing campaign. Considering that a true fix has yet to be issued for users’ 3G problems, this could just be the tip of the iPhone lawsuit iceberg.

Smith purchased her new iPhone 3G sometime after it went on sale on July 11, after being bombarded with ads on TV, radio, and print about the device. “One could barely turn on the television without hearing that the new iPhone 3G was ‘twice as fast for half the price,'” reads the complaint. Immediately after the purchase, however, Smith noticed that the iPhone’s data connection, e-mail, SMS, and other communications were slower than expected, and that the device only appeared to connect to AT&T’s 3G network less than 25 percent of the time. She also experienced an “inordinate amount of dropped calls,” according to the lawsuit. (link)

Apple: the modern day sweatshop

David Walsh, a former Network Engineer that worked at Apple from 1995 to 2007, is suing the company for violating California labor laws.

Filed in the United States District Court, Southern District of California, the complaint focuses on the fact that employees were required to work more than 40 hours a week or eight hours in a workday. Walsh’s suit says that Apple then denies the employees proper compensation for that work.

Walsh claims that Apple has created several job levels so they can make them exempt from receiving overtime wages. One example given is the use of “Senior” before the title “Network Engineer,” even though all Network Engineers perform the same duties. (link)

White House free to ignore emails … just like everyone else

A federal judge today sided with the Bush administration in a Freedom of Information Act (FOIA) lawsuit related to missing White House e-mails. Judge Colleen Kollar-Kotelly, who is probably most familiar to Ars readers for her role in the Microsoft antitrust case, held that the White House’s Office of Administration was not a federal agency as that term is defined by the FOIA and was therefore not obligated to respond to FOIA requests.

The ruling represents a setback for the plaintiff, Citizens for Responsibility and Ethics in Washington (CREW), which was also behind the White House e-mail lawsuit we covered in April. That lawsuit was heard by a different judge, was directed at a different federal agency, and was filed under different federal statutes: the Federal Records Act and the Presidential Records Act. The White House has denied wrongdoing in that case, and the case is still being litigated. (link)

Class action lawsuit over text messaging costs

Another day, another class-action wireless consumer lawsuit. This one is big, though, naming six mobile-phone carriers and a top mobile virtual network operator as defendants in a complaint filed in Mississippi federal court.

“This action seeks recovery for actual and compensatory damages sustained by plaintiffs and others similarly situated. At this time, plaintiffs are specifically seeking recovery against the defendants for unauthorized charges, wrongful collections and unjust enrichment,” the stated the 12-page suit filed by attorneys with the Graves Law Offices P.L.L.C. in Jackson, Miss.

The allegations, among other things, focus on charges for unsolicited text messages received by subscribers “without offering its customers the opportunity to avoid such charges by opting out of text messaging and refusing to disable its customers’ text messaging service.” (link)

People badmouthing you on Wiki? Sue them

One thing the Internet has taught us: if you want to see a defamatory/embarrassing/ridiculous claim about yourself or your business cleaned from the tubes, the one thing you don’t want to do is file an ill-advised lawsuit against a site like Wikipedia. What once was known only by a few is suddenly known by the world. Barbara Bauer, who runs the Barbara Bauer Literary Agency, looks like she’s set to learn that lesson the hard way after suing Wikipedia for an article that called her the “Dumbest of the Twenty Worst” literary agents and said that she had made no book sales at all.

The controversy stems from a few brief statements regarding Bauer’s track record (none of which remain on the site at this time). These statements weren’t simply dragged from the ether; Bauer was included on a list of the twenty worst agents back in 2006 and that list was widely circulated in the blogosphere. The controversy was discussed at the time by writer Teresa Nielsen Hayden, who called Bauer a “well-known scam agent” and the “dumbest of the twenty worst.” Even before that, writers were complaining about her agency in various discussion forums. (link)


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