Class action certification denied in iPhone 6, iPhone 6 Plus “touch disease” case

Federal Court on Tuesday blew the “Right to Repair” movement apart by declining to certify it a class in a lawsuit against Apple Inc regarding its handling of the infamous iPhone 6 and iPhone 6 Plus “touch disease” issue.

Also on the same day, the activist and repair professional who helped diagnose the disease and went on to testify for the same for the class action saw a batch of aftermarket iPhone screens being seized.

District Judge Lucy H. Koh denied two separate motions from the plaintiff to be certified as a class in the case as well as an additional motion for injunctive relief. The ruling issued against the suit alleged Apple failed to disclose the defect in the iPhone 6 and 6 Plus which cause the touchscreen problems. This controversy became so huge that later it was renamed as the “touch disease.”

In the case of Davidson et al v. Apple, Inc., Judge Koh ruled that the plaintiffs had failed to meet the preponderance requirement to be certified as a class, because “adjudication of the certified issues would not advance the resolution of the underlying case,” and because the “plaintiffs’ perfunctory request for Rule 23(c)(4) certification fails to show why certification would materially advance the litigation as a whole.”

“Touch disease” its first suit being filed in 2016 which claimed that Apple knew about the persisting disease prior to and during the release of their iPhone 6 and 6. However, later on, many more other law firms joined the suit and made the case big as it is now.

An interesting thing to note about this case is the Judge. Koh is known for presiding over various different Apple-related cases in the past. Just to mention, she was the presiding judge in the long-running litigation case with Samsung. She is believed to be given such cases much more frequently due to jurisdictional reasons.

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