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Holman et al vs Apple et al

The court documents in the $800 million class action filed against Apple and AT&T.



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Law firms Folkenflik & McGerity of New York City and Hoffman & Lazear of Oakland California have filed a class action suit on behalf of plaintiffs Paul Holman and Lucy Rivello against Apple and AT&T seeking $200 million in direct and consequential and $600 million in punitive damages.

According to the suit Apple and AT&T are in violation of the California Business and Professions Code, the Cartwright Act, the Communications Act of 1934, the Federal Trade Commission Act, the Magnuson-Moss Warranty Act, the Sherman Antitrust Act, and the Telecommunications Act of 1996.

'On information and belief Apple expressly [iPhone] designed software release version 1.1.1 expressly to disable Third Party Apps and to disable any unlocked SIM cards and to create technical barriers to install new Third Party Apps or unlock the SIM cards', states the filing.

The companies then proceeded to void the warranties of all iPhone owners who had installed third-party applications and refused to service them - more unlawful actions.

So far only $350 have passed hands - a filing fee on 5 October 2007 for case number 5:2007cv05152 in the San Jose office of the California Northern District Court.

See Also
Justitia News: Holman et al v. Apple, Inc. et al (SWF)
Justitia News: Holman et al v. Apple, Inc. et al (PDF)

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