AAPL » Topics » Gillis et al. v. Apple Computer, Inc.

This excerpt taken from the AAPL 10-Q filed Dec 29, 2006.

Gillis et al. v. Apple Computer, Inc.

Plaintiffs filed this purported class action on December 23, 2005 in San Diego County Superior Court alleging the Company has misrepresented the hard drive capacity of two Powerbook G4 computers: the 12-inch, 1.5GHz computer with 512MB of memory and a 100GB hard drive; and the 15-inch, 1.67GHz computer with 1GB of memory and a 100GB hard drive. Plaintiffs alleged that the Company’s standard disclosure on its packaging regarding hard drive size was not present on the packaging for these two models. The complaint alleged violations of the California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), the Consumer Legal Remedies Act, and causes of action for deceit and negligent misrepresentation. Plaintiffs sought restitution and other relief.  On February 28, 2006, the Company filed a demurrer

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and a motion to strike.  The Company withdrew the demurrer and motion to strike per stipulation. The Company has reached a Court-approved settlement with the Plaintiffs in this action and the matter is concluded. The settlement of this matter did not have a material effect on the Company’s financial position or results of operations.

These excerpts taken from the AAPL 10-K filed Dec 29, 2006.

Gillis et al. v. Apple Computer, Inc.

Plaintiffs filed this purported class action on December 23, 2005 in San Diego County Superior Court alleging the Company has misrepresented the hard drive capacity of two Powerbook G4 computers: the 12-inch, 1.5GHz computer with 512MB of memory and a 100GB hard drive; and the 15-inch, 1.67GHz computer with 1GB of memory and a 100GB hard drive. Plaintiffs alleged that the Company’s standard disclosure on its packaging regarding hard drive size was not present on the packaging for these two models. The complaint alleged violations of the California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), the Consumer Legal Remedies Act, and causes of action for deceit and negligent misrepresentation. Plaintiffs sought restitution and other relief. On February 28, 2006, the Company filed a demurrer and a motion to strike. The Company withdrew the demurrer and motion to strike per stipulation. The Company has reached a Court-approved settlement with the Plaintiffs in this action and the matter is concluded. The settlement of this matter did not have a material effect on the Company’s financial position or results of operations.

Gillis et al. v.
Apple Computer, Inc.



Plaintiffs filed this
purported class action on December 23, 2005 in San Diego County Superior
Court alleging the Company has misrepresented the hard drive capacity of two
Powerbook G4 computers: the 12-inch, 1.5GHz computer with 512MB of memory
and a 100GB hard drive; and the 15-inch, 1.67GHz computer with 1GB of
memory and a 100GB hard drive. Plaintiffs alleged that the Company’s standard
disclosure on its packaging regarding hard drive size was not present on the
packaging for these two models. The complaint alleged violations of the
California Business & Professions Code §17200 (unfair competition),
California Business & Professions Code §17500 (false advertising), the
Consumer Legal Remedies Act, and causes of action for deceit and negligent
misrepresentation. Plaintiffs sought restitution and other relief. On February 28,
2006, the Company filed a demurrer and a motion to strike. The Company withdrew
the demurrer and motion to strike per stipulation. The Company has reached a Court-approved
settlement with the Plaintiffs in this action and the matter is concluded. The
settlement of this matter did not have a material effect on the Company’s
financial position or results of operations.



This excerpt taken from the AAPL 10-Q filed May 5, 2006.

Gillis et al. v. Apple Computer, Inc.

Plaintiffs filed this purported class action on December 23, 2005 in San Diego County Superior Court alleging that the Company has misrepresented the hard drive capacity of two Powerbook G4 computers: the 12 inch, 1.5 GHz computer with 512 MB of memory and a 100GB hard drive; and the 15 inch, 1.67 GHz computer with 1GB of memory and a 100GB hard drive. Plaintiffs allege that the Company’s standard disclosure on its packaging regarding hard drive size was not present on the packaging for these two models. The complaint alleges violations of the California Business & Profession Code §17200 (unfair competition), California Business & Profession Code §17500 (false advertising), the Consumer Legal Remedies Act, and causes of action for deceit and negligent

 

38



 

misrepresentation. Plaintiffs seek restitution and other relief. On February 28, 2006, the Company filed a demurrer and a motion to strike. The Company withdrew the demurrer and motion to strike per stipulations and await an amended complaint.

 

This excerpt taken from the AAPL 10-Q filed Feb 3, 2006.

Gillis et al. v. Apple Computer, Inc.

Plaintiffs filed this purported class action on December 23, 2005 in San Diego County Superior Court alleging that the Company has misrepresented the hard drive capacity of two Powerbook G4 computers: the 12 inch, 1.5 GHz computer with 512 MB of memory and a 100GB hard drive; and the 15 inch, 1.67 GHz computer with 1GB of memory and 100GB hard drive. Plaintiffs allege that the Company’s standard disclosure on its packaging regarding hard drive size was not present on the packaging for these two models. The complaint alleges violations of the California Business & Profession Code sections §17200 (unfair competition), California Business & Profession Code §17500 (false advertising), the Consumer Legal Remedies Act, and causes of action for deceit and negligent misrepresentation. Plaintiffs seek restitution and other relief.  The Company’s response is not yet due.

 

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