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In separate claims filed with the court, Apple and AT&T have asked that the lawsuit brought against the companies by Avi Koschitzki be dismissed. The lawsuit claims slow 3G speeds and hairline cracks that develop in the iPhone casing.
Apple sued for hairline cracks in the iPhone
In the original lawsuit, Koschitzki claims that Apple and AT&T misrepresented the speed of the iPhone on AT&T's 3G network. The suit claims insufficient infrastructure of the network and the fact that so many phones have been sold that it can't handle the volume of phones trying to use it.
In amending the lawsuit in November, Koschitzki further claimed that the iPhone develops hairline cracks in the housing. He charged the cracks in the iPhone casing constitute unfair practices under the New York Deceptive Practices Act.
However, Apple shot back saying the "Plaintiff alleges a scattershot of eight legal theories under New York law, none of which withstand scrutiny."
In its motion, AT&T is asking the court to force Koschitzki into arbitration, which the company said is part of the terms and conditions for its wireless service agreement.
AT&T is also asking the court to dismiss the Koschitzki case.
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Comments (3)
You Go AviBy ATT Hater on December 4, 2008, 2:09 pmAvi Koschitzki is my hero. Bring the big smoldering piece of crap telecom to it's knees.
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Not strong enough caseBy Anonymous on December 5, 2008, 10:50 amHis case is not strong enough to even hold in court. It appears to me Koschitzki is just in it for the money. Hairline cracks? How many times has he dropped his...
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What the...By Anonymous on December 5, 2008, 10:55 amSounds like some goober trying to get rich quick and he doesn't know the law well enough and looks like a fool.
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