Technology Litigation

Litigation against consumer electronics companies helps to hold them accountable for their products and, in doing so, makes consumers safer. In a world where very few people are untouched by the consumer electronics industry, needing to use laptops, phones, and other devices in their daily lives, Migliaccio & Rathod LLP knows that the impact of these sorts of defective products not only harms consumers’ wallets, but also has real world safety, lifestyle, and work implications. We are committed to making the marketplace safer and fairer for consumers by bringing class actions on their behalf when they experience such defects that consumer electronics companies and manufacturers fail or refuse to remedy.

Settlements:

Beture v. Samsung Electronics America: Case No. 17-cv-05757 (D.N.J.). M&R was appointed as co-lead interim class counsel in action brought on behalf of a nationwide class arising from a hardware defect affecting hundreds of thousands of Samsung Galaxy Note 4 smartphones. You can read the 37-page complaint here.

Carlotti v. ASUS Computer International, et al: No. 18-cv-00369 (N.D. Cal.). Represented plaintiffs in a class action suit brought on behalf of purchasers of ASUS Rog Strix GL502VS or GL502VSK laptops with defective batteries or which overheat due to their insufficient cooling system. Benefits of the resulting settlement include cash payment of up to $110 or credit certificate of up to $210 for any impacted individual. Settlement was valued at $16 million. To learn more about this settlement, visit our blog here.

In Re: Intel Corp. CPU Marketing, Sales Practices and Products Liability Litigation: Case No. 3:18-md-02828 (D. Or.). In January 2018, it was publicly revealed for the first time that Defendant Intel’s processors (also known as chips or central processing units), have significant security vulnerabilities. A CPU is the “brain” in every computer and mobile device and processes all of the essential applications, including the handling of confidential information such as passwords and encryption keys. Maintaining the security of confidential information is a fundamental function of all CPUs. The attacks identified in 2018, dubbed “Meltdown,” “Spectre,” and “Foreshadow,” exploited defects in Intel’s CPU design. More specifically, when Intel’s processors engaged in speculative execution, the processors made information, which should have remained secure and inaccessible to unauthorized use, accessible in the processors’ unsecured cache subsystem. In so doing, Intel’s processors created a vast security vulnerability that could be accessed through a number of different exploits. The Defects that allow these attacks are the direct result of Intel’s knowing decision to sacrifice security in favor of speed in its ongoing competition with rivals such as AMD. For more information, visit our blog here.

In Re: Macbook Keyboard Litigation: Case No. 5:18-cv-02813-EJD-VKD (N.D. Cal.). M&R served as Plaintiff’s Counsel in a class action brought on behalf of consumers whose MacBook laptops were equipped with defective butterfly keyboards that result in characters repeating unexpectedly, letters or characters not appearing, and the keys feeling “sticky” or not responding in a consistent manner. The settlement amounted to $50 million.For more information, visit our blog here.

McFadden et al. v. Microsoft CorporationCase No. 2:20-cv-00640 (W.D. Wash.). M&R served as co-lead interim class counsel in an action brought on behalf of a nationwide class arising from a hardware defect affecting Microsoft X-Box video game controllers. Consumers have experienced “Stick drift,” when their controller’s joystick registers movement when there is none and causes major difficulties in standard use of the Xbox One console. For more information and to see if you qualify to get involved, follow the link to our blog post here.

Walsh et al. v. Globalstar, Inc.: Case No. 3:07-cv-01941 (N.D. Cal.). Represented Globalstar satellite telephone service customers who brought claims that Globalstar knew that it was experiencing failures in its satellite constellation and its satellite service was rapidly deteriorating and was no longer useful for its intended purpose, yet failed to disclose this information to its potential and existing customers. Served as Court-appointed class counsel in a nationwide settlement that provided an assortment of benefit options, including, but not limited to, monetary account credits, free minutes, or cash back for returned equipment.

Wheeler et al. v. Lenovo (United States) Inc.: Case No. 13-0007150 (D.C. Sup. Ct.). and Kacsuta v. Lenovo (United States), Inc.: Case No. 13-00316 (C.D. Cal.). Represented plaintiffs in a class action brought on behalf of purchasers of Lenovo laptops that suffered from Wi-Fi connectivity problems. Served among the Court-appointed class counsel in a nationwide settlement where Lenovo agreed to refund $100 cash or issue a $250 voucher (which required no purchase to use) to owners of the laptops.

Williams et al. v. Apple, Inc. or In re Apple Inc. Device Performance Litigation: Case No. 18-MD-2827-EJD (N.D. Cal.). This is a consumer class action alleging that Apple failed to disclose to Plaintiffs that Apple’s iPhone operating system (“iOS”) would materially degrade the operation of their iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, or 7 Plus models smartphones by reducing their processor speeds in certain circumstances, including when their non-user replaceable batteries lost storage capacity after multiple charge and discharge cycles. As detailed herein, Apple surreptitiously throttled the processor speeds of iPhones to mask the manifestation of sudden shutdowns that iPhones with degraded batteries were experiencing. Plaintiffs hereinafter refer to this surreptitious throttling – and its causes and impacts – as the “throttling defect”. This case has been settled, but is pending court approval.

 

Jump to: Top of Settlements; Investigations

Ongoing Cases:

Carson et. al. v. HP Inc.: Case No. 1:22-cv-00208-CFC (D. Del.).  Migliaccio & Rathod, LLP, is representing a group of consumers in a suit against HP for releasing a series of laptop computers with defective hinges.  HP allegedly manufactured and marketed a series of laptops, sold in or after the year 2017, that break after regular, everyday use. These include the Envy & Pavilion line of HP laptops, as well as some laptops marked as “360” (e.g. “Envy 360,” “Pavilion 360”, etc.), indicating the full range of motion in their hinges.  However, after only regular use, opening and closing the laptops causes brass bolts in the hinges to twist and tear against the plastic holding those bolts in place. Learn more about this on our blog.

Gisairo v. Lenovo (United States) Inc.: Case No. 0:19-cv-02727 (D. Minn.). and MacKay v. Lenovo (United States) Inc.: Case No. 1:20-cv-01149 (D.Del.). Migliaccio & Rathod LLP has brought a class action and is co-counsel on another class action suit against Lenovo for their Flex 5, also known as Yoga 520, laptops which exhibit screen flickering. Users of this model have reported that the flickering causes large portions of the screen to black out, making the 2-in-1 device unusable. Further, Lenovo customers have noticed that the screen flicker and subsequent blackout is triggered when the laptop is moved or when the screen is first opened. Being that it is a 2-in-1 device, meant to be transformed interchangeably from laptop to tablet, its central purpose is hampered by this defect caused by movement. For more information or if you have experienced this defect in your Flex 5, visit our blog here.

McCoy et al. v. Samsung Electronics America, Inc.: Case No.: 2:21-cv-19470 (D. N.J.). Migliaccio & Rathod LLP, together with co-counsel, has filed a lawsuit against Samsung over reports that their 2-in-1 Chromebook Plus device suffers from a common hinge defect that causes damage to the device when opened, oftentimes shattering the screen and rendering the device unusable. Affected consumers claim that after around one year of use, one or both hinges will lock into place at random, and any attempts to open and operate the device will cause them to crack and potentially rupture or otherwise damage the screen. The timing of the defect often leaves affected consumers outside of the warranty period.  Read more about this on our blog.

Pares et. al. v. Apple, Inc.: Case No. 5:21-cv-07112 (N.D. Cal.). Migliaccio & Rathod LLP is currently investigating Apple over widespread reports that the retina display in their recent line of M1 MacBook laptops is vulnerable to screen defects during normal usage. Many users allege that they have opened their devices from the closed position, without applying any undue pressure, only to find dramatic cracks in the retina display. These cracks are often accompanied by black bars or multicolored lines and squares running across the screen. In worst case scenarios, it results in a blacked-out screen that ceases to function altogether. Others report that these defects followed even only a simple adjustment of the screen’s viewing angle. Learn more about this on our blog.

Twardzik v. HP Inc, et al: Case No. 22-2650 Migliaccio & Rathod is in litigation against HP concerning consumers across the country who purchased an HP laptop computer containing the slowed variant of the NVIDIA GeForce MX150 graphics processor unit. This case ( 1:21-CV-00396) was originally litigated in the Delaware district court and  is now on appeal in the 3rd Circuit Court of appeals. Learn more about this on our blog.

West v. Apple Inc: Case No.: 22-CV-408209 ( S.C Santa Clara). Migliaccio & Rathod LLP recently filed suit against Apple Inc in relation to their defective 2020 Macbook Air laptop with Intel processors. This action arises from Apple’s concealment of a material defect in the cooling system that is central to the operation of the Class Laptops, and Which ultimately causes the Class Laptops to be unable to dissipate processor heat fast enough to maintain reasonable performance.

Jump to: Top of Ongoing CasesInvestigations 

Investigations:

Overheating Laptops

Overheating Acer Laptops

Acer Aspire 3 Laptops Endemic Overheating Defect

Aspire 5 Experiencing Overheating, Defective Hinges, and Defective Speakers

AMD Radeon RX 7900 XTX Overheating

HP Omen 15 Gaming Laptops Overheating, Throttling, and Shutting Down

Overheating HP Laptops

M2 MacBook Pro Overheating

Lenovo Legion Defective Cooling Fan

Hinge Defects

Dell Laptop Hinge Defect

Lenovo Yoga C740 Laptops Hinge Issues

Other Overheating Devices

GoTrax Hoverboard and Scooter Overheating

Meta Quest 2 Headset Melted USB-C Port

Nvidia GeForce RTX 4090 Graphics Card Melting Defect—case?

E-Bike Battery Overheats and Catches Fire

Misc. Tech Failures:

2018-2021 MacBook Pro T-Con Board Failures

Arlo Eliminating Cloud-Based Security Cameras’ Free Services & Features

M&R Class Action Suits for Defective Laptops

Lenovo Flex 5 Ryzen Sleep Mode Defect

Samsung Galaxy Watch 4 and Galaxy Watch 4 Classic Unresponsive

Trane CleanEffects (American Standard AccuClean) Air Cleaner

Walmart’s XGeek M.2 Mini Solid State Drive

Onn Tablet Screen Cracking

Owl Labs Camera Vulnerability

LG IMS Error Message Class Action

*Prior results do not guarantee a similar outcome

Jump to: Investigations; Ongoing Cases; Settlements

Facebooktwitterlinkedin