Apple Seeks Faulty Hardware Lawsuit Dismissal

Apple is filing a motion to dismiss the lawsuit from back in August that accused the company of selling defective iPhone 3Gs. The suit was filed by Alabama resident Jessica Smith when her new iPhone 3G was only able to connect to AT&T’s 3G network 25% of the time and experienced excessive dropped calls.

Apple’s ninjas attorneys back up their argument for a dismissal by saying that the “plaintiffs’ amended complaint conspicuously omits one critical condition precedent to all three causes of action: an allegation that they contacted Apple to seek a repair of the alleged defects or a replacement iPhone 3G under Apple’s one-year limited warranty.” Alabama state law and the iPhone’s warranty require that a user first take the issue up with Apple before taking legal action.

[via Computerworld]

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