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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!