- Apple won a summary judgment in a class-action lawsuit charging the company with deceiving consumers on iPhone batteries, Bloomberg reports.
``Apple disclosed on the outside of the iPhone package that the'' battery has ```limited recharge cycles and may eventually need to be replaced by Apple service provider,''' Kennelly wrote in his Sept. 23 opinion, quoting the packaging. ``Under the circumstances, no reasonable jury could find that deception occurred.''AT&T was not excused from the lawsuit and the judge declined to order binding arbitration, as AT&T said was required by the service agreement.
Kennelly said that at the time Trujillo bought an iPhone, he ``did not have access to a paper copy of any documents explaining or referencing'' the ``terms of service, including in particular the arbitration requirement.''
- The 10th Circuit reviewed the exclusion of a financial expert in the conviction of former Qwest CEO Joseph Nacchio, InfoWeek noted. Oral arguments indicated the appeals court would uphold the conviction, watchers of this case said.
"There's a strong possibility that the panel is going to reinstate the conviction, based on their questions," University of Denver law professor Jay Brown told the Denver Post.
- Jack Thompson, a vocal critic of the gaming industry, was disbarred by the Supreme Court of Florida, DigitalTrends reports. The Court said:
Thompson “demonstrated a pattern of conduct to strike out harshly, extensively, repeatedly and willfully to simply try to bring as much difficulty, distraction and anguish to those he considers in opposition to his causes,” which violated the guidelines of professional behavior laid out for attorneys.
Thompson made false statements of material fact to courts, falsely, recklessly and publicly accused a judge of “fixing” cases, sent courts inappropriate and offensive sexual materials, and even harassed former clients of attorneys that opposed him.