Apple Bid To End IPhone Safety Suit Prompts Discovery Order

Law360 (February 10, 2020, 9:44 PM EST) — A California federal judge refused Apple‘s motion to dismiss a proposed class action claiming it fraudulently marketed iPhones as safe and exposed consumers to excessive radiofrequency radiation, instead converting the motion to a summary judgment bid and sending the case to discovery.

U.S. District Judge William Alsup said Monday that Apple Inc.’s argument — that the suit should be dismissed because the company followed the Federal Communications Commission’s guidelines for testing such radiation — requires outside evidence and can’t be determined at the dismissal stage.

“The vast array of material presented outside of the pleadings, including supposed factual statements and findings of the Commission, triggers treatment of this motion as one for summary judgment,” he said. “This motion cannot and should not be decided on this record. Further discovery into the issues presented is necessary.”

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