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...

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