Law360, San Francisco (April 14, 2021, 11:11 PM EDT) — Apple on Wednesday urged a California federal judge to rethink his tentative decision against decertifying a class of consumers accusing the company of replacing broken iPhones and iPads with refurbished parts under a misleading warranty, saying a new Ninth Circuit decision and expert evidence support decertification.
Apple’s attorney, William A. Isaacson of Paul Weiss Rifkind Wharton & Garrison LLP, told U.S. District Judge William H. Orrick that the case law on which the judge based his decision to certify the class is now “outdated.”
“There’s been a change in both the law on this issue and the facts on this issue…
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