In Brief: Amended Complaint Filed in Alabama iPhone Case
- August 25th, 2008 - 9.29 pm UTC
- Apple Legal News, Default
- dizzle
Today, Plaintiff Jessica Alena Smith, filed an Amended Complaint in the case of Jessica Alena Smith on behalf of herself and all others similarly situated v. Apple, Inc. in the Northern District of Alabama (Case No. 2:08-cv-01498-WMA, Judge William M. Acker, Jr. presiding).
I have compared the two Complaints and noted several minor changes as well as two potentially more significant ones. The minor changes comprised changing the wording “new wireless communication protocol and standard, 3G” to “new wireless communication protocol or standard, 3G” in Paragraph 1 and elsewhere where similar wording was found with some variations (see Paragraphs 13 and 18). Additionally, in Paragraph 16, the phrase “and to trust that the device was ‘twice as fast at half the price.’” was removed. That slogan had already been quoted in Paragraph 12. The two potentially significant changes are as follows:
In Paragraph 2, Wilton Lee Triggs, II, was added as a purchaser of a “Defective iPhone 3G.” He has not been specifically named as a Plaintiff, and a lawyer would be needed to explain a potential legal strategy for this addition.
An additional factual allegation was made stating “Upon information and belief, Defendant is aware of the above-stated defects with Defective iPhone 3G and have attempted to undertake corrective action too late and with little to no success.
I am not an attorney and thus cannot draw any legal conclusions from these changes. I am, however, a grammar nazi and found that in both filings Paragraph 6 is missing a period, and the new allegation appears to be missing a word or a plural.
Comments
More grammar 25th August 2008, 21.52 pm
That’s not the only grammar issue here.
“Defendant … have attempted…”
When an entire company is named as the defendant, it is treated as singular, which requires “has attempted” in this context.
My guess is this case will be thrown out as without merit.
Dizzle 26th August 2008, 02.13 am
You are correct. I am surprised I didn’t catch that. I am even more surprised that such a sloppy pleading was filed in Federal Court. I am not a lawyer, but I am a legal assistant. In that capacity I am often assigned the task of proofreading draft court filings. I certainly am not perfect, but those were glaring in a such a short document.
I know I am setting myself up for people to scrutinize everything I write, but I welcome that. I hate making grammar mistakes.