Apple Buyers Urge 9th Circ. To Revive Security Patch Suit

Law360, San Francisco (November 18, 2020, 10:13 PM EST) -- A group of Apple device buyers urged a Ninth Circuit panel Wednesday to revive their proposed class action alleging Apple failed to disclose its products' defective processors and used security patches that reduced the speed and value of their devices, arguing that they had sufficiently alleged a concrete economic injury.

The buyers' attorney, Christian P. Levis of Lowey Dannenberg PC, said his clients have sufficiently pled an injury in fact and "are not seeking or alleging injury based on the theoretical risk of harm."

The injury they allege, Levis said, is represented by regression analysis that came from the market impact...

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