At the beginning of the month, LG settled a lawsuit pertaining to bootlooping issues found on the Nexus 5X and other handsets. Google and Huawei have also been being sued for a similar problem that affects the Nexus 6P, and a judge just ruled that the class-action lawsuit can move forward…
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This case has been going for over a year now in the U.S. District Court in Northern California, but in today’s ruling, Judge Beth Labson Freeman made several decisions.
First, the judge dismissed Google’s and Huawei’s motions to dismiss the lawsuits and the case itself. Second, claims of “express and implied warranty” and under the federal Magnusson-Moss statute and California Unfair Competition Law will proceed against Huawei.
Third, a state consumer protection statute claim will proceed against Google. Lastly, Judge Freeman dismissed several allegations of fraud, warranty, and unjust enrichment, but the plaintiffs can appeal that decision.
The lawsuit claims that Google and Huawei sold the Nexus 6P to consumers despite knowing that the phone had problems. These included the phone bootlooping, randomly shutting off despite the battery having more than 50% charge, and just general battery drain.
The 15 named plaintiffs have stated that they intend to file the class-action lawsuit on June 8, 2018.
The full press release is below via XDA-Developers:
I am writing to provide you with an update on the class action lawsuit regarding Google’s Nexus 6P phone. On March 5, 2018, the United States District Court for the Northern District of California ruled on motions to dismiss filed by defendants Huawei and Google in a lawsuit relating to allegedly defective Google Nexus 6P smartphones. The case is in re: Nexus 6P Prods. Liab. Litig., No. 5:17-cv-02185 (N.D. Cal.).
The 15 named plaintiffs in this lawsuit allege that Google and Huawei jointly designed and sold the Nexus 6P with knowledge that the phones contain a defect that cause the phones to enter into an endless bootloop at startup and to experience battery drain and sudden shut off despite the phones having more than 50% battery life.
Judge Beth Labson Freeman denied defendants’ motions to dismiss as to several of the plaintiffs’ claims. The court allowed express and implied warranty claims, as well as claims under the federal Magnusson-Moss statute and California Unfair Competition Law to proceed against Huawei. The court also allowed a state consumer protection statute claim to proceed against Google. Furthermore, the court declined to grant the defendants’ request to strike the class action allegations from the lawsuit. The court also granted the motion in part, dismissing certain claims including certain fraud or fraud-based, warranty, and unjust enrichment claims. Almost all of the dismissed claims were dismissed without prejudice, meaning that the plaintiffs may replead these claims in an amended complaint. Plaintiffs intend to file that on June 8, 2018.