Almeida
Almeida v. Apple, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
NESTOR ALMEIDA, et al., Case No. 21-cv-07109-VC
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
APPLE, INC.,
Re: Dkt. No. 60 Defendant.
The motion to dismiss is granted in part and denied in part. This order assumes the parties’ familiarity with the facts of the case and the relevant law. The Second Amended Complaint adequately alleges the existence of a defect. The assessment by Dr. Niebuhr, coupled with the alleged widespread occurrence of display issues, plausibly suggest that the aluminum that houses the display in the M1 MacBooks is too thin to resist torque and prevent it from being transferred to the display. The allegations regarding the thinness of the display suggest also that the display itself is inordinately vulnerable to fracture and related issues, which compounds the problem. The Second Amended Complaint also adequately alleges causation: given the alleged inability of the display and its aluminum casing to adequately withstand torque, it’s no wonder the plaintiffs’ displays cracked, blacked out, or otherwise malfunctioned. In a prior…