HTC Aims To Unplug Evo Phone Defect Class Action

Law360, New York (December 14, 2011, 3:38 PM EST) -- HTC Corp. asked a California federal court Tuesday to toss a consumer's putative class action alleging that the cellphone maker breached warranties by shilling Evo 4G phones that lose their ability to hold a charge after less than a year.

In its motion to dismiss, HTC argued that the plaintiff's breach of warranty claims fail because he did not allege that HTC ever promised that the Evo 4G's battery would never malfunction, and that his false advertising and other claims are similarly defunct because he did...
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