A message from Whitfield Bryson & Mason LLP - Class Action: Update 2
Dear 2011 MBP Community,
Here is a brief update on the 2011 MacBook Pro class action. We recently filed an amended complaint against Apple. Notably, the amended complaint expands the geographic scope of our case to include: California, Colorado, Florida, Illinois, Indiana, Puerto Rico, and Vermont. Additionally, the complaint contains new allegations about steps Apple took to conceal the graphics defect. Specifically, we allege that between early- and late-2011 Apple released a software update that dramatically reduced the graphical performance of the GPUs in order to prevent them from reaching temperatures that would cause the GPUs to effectively self destruct. A copy of the complaint is available here for your review. 2011 MBP Amended Complaint
We have also retained a computer hardware expert to help us better understand the defect at issue in this case. Thanks to the generosity of those of you who have volunteered your MBPs for testing, our expert is performing tests on a number of failed 2011 MBPs. Once this testing is complete, our expert will be able to explain to the court not only what causes the graphics defect but how it could have been avoided with better manufacturing or design processes.
In terms of scheduling, Apple is expected to file a motion to dismiss our case on January 29. Our response to that motion is due on March 5, and we will be arguing the case before Judge Davila of the Northern District of California in early April. We will continue to keep you updated as the case develops.
Finally, some of you may have seen recent news about a case against Apple getting dismissed. That is not our case. Rather, that case concerned the logic boards in all MacBook laptops (Pros and Airs) manufactured between 2010 and 2014. By contrast, our case relates only to 2011 MacBook Pro Laptops that contain graphics processing units manufactured by AMD. Candidly, we think our case is stronger than the recently dismissed case, but only time will tell.
As always, please feel free to contact us if you have any questions or concerns.
Thank you,
The 2011MBP team at WBM: Gary Mason, Steven Berk, Esfand Nafisi, Ben Branda
