On December 30, 2019, the United States District Court for the District of New Jersey ruled on Apple, Inc.’s (“Apple”) Motion to Dismiss Plaintiff’s Complaint (“Motion”) in the case of Gina Priano-Keyser v. Apple, Inc., a proposed class action pending before the Honorable Kevin McNulty. The Court issued an order granting in part and denying in part Apple’s Motion (“Order”). Plaintiff’s complaint alleges that certain of Apple’s watches are defective such that the screens unexpectedly detach from the watch body. Plaintiff further alleges that Apple was aware of the defect, but continued to market and sell the watch, and refused to repair the watches when the broke.
Apple filed its Motion on May 17, 2019, and moved to dismiss the complaint on the following grounds: (1) lack of standing; (2) failure to state a claim under the New Jersey Consumer Fraud Act (“NJCFA”); (3) failure to state a breach of express warranty claim; and (4) failure to state an implied warranty claim.
The Court permitted certain of Plaintiff’s express warranty claims to proceed, and also denied Apple’s Motion as it related to lack of standing. The Court further denied Apple’s efforts to dismiss her claim for injunctive relief. The Court granted Apple’s Motion as to the NJCFA claims and the implied warranty claims, but provided 45 days for plaintiff to amend her complaint regarding these claims. Accordingly, plaintiff’s will be proceeding to the discovery phase of litigation.