Judge Dismisses iPad Overheating Lawsuit

Paul Lilly

U.S. District Court Judge Jeremy Fogel dismissed a lawsuit filed last summer alleging Apple's iPad overheats when used in warm weather or in direct sunlight, ComputerWorld report s. The lawsuit accused Apple of fraud, deceptive advertising, and running afoul of California's consumer protection and unfair business practices laws for marketing and selling broken tablets.

"The Court concludes that these allegations are insufficient," Fogel wrote in his order. "At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement."

The three plaintiffs in the case thought they did that by pointing out Apple's advertisement saying that "reading on iPad is just like reading a book." But unlike a book, the plaintiffs claim the iPad shuts down in warm weather.

This doesn't mean Apple is out of hot water. Fogel gave the plaintiffs 30 days to file an amended complaint.

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