BlackBerry Beats Defect Suit Over Syncing Of Contacts
Law360, San Francisco (July 6, 2016, 10:44 PM EDT) -- A New Jersey federal judge threw out a proposed class action against BlackBerry Corp. on Wednesday, saying the phone's inability to sync contacts lists with other devices isn't a breach of implied warranty because the defect doesn't make a smartphone unfit for its intended use.
U.S. District Judge John Michael Vazquez granted BlackBerry's motion to dismiss the case and did not give plaintiff Russ Semeran leave to amend a third time. The judge said he had to determine the "general purpose" of a smartphone in order to decide whether the 10 Series phone's implied warranty had been breached.
"The essential question...
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