Tech
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May 7, 2021
A Texas man has filed suit against Apple Inc. claiming that the company is responsible for making and selling the defective phone battery that injured him. Thursday’s putative class action stated claims under Texas law for breach of the implied warranty of merchantability and express warranty, the Magnuson-Moss Warranty Act, and the state’s Deceptive Trade Practices Act.
The Eastern District of Texas complaint alleged that in 2019, the plaintiff was listening to music on his iPhone 6 when it began to skip. “As he picked up his iPhone to investigate, his iPhone suddenly exploded and caught fire in his face, causing him to fall to the ground,” the filing explained.
Pittard
HOUSTON – An appeal that apparently warranted three separate opinions concluded with justices affirming a summary judgment win for Union Carbide in an asbestos lawsuit.
The suit was brought by the adult children of Janet Goehring and alleges asbestos fibers in products sold by Union Carbide were a substantial factor in causing her fatal mesothelioma.
Court records show a trial court granted Union Carbide’s motion for summary judgment, which argued the plaintiffs could produce no evidence that the company’s product was a substantial factor in causing Goehring’s mesothelioma.
The plaintiffs appealed the ruling, and on March 2 the 14th Court of Appeals affirmed.