A National Class Action lawsuit has been filed against Apple in Montreal Canada over Defective MacBook Logic Boards
Patently Apple was the first Apple site to cover the original Class Action filed against Apple for defective MacBook logic boards. We also covered the second Class Action over this issue in May of this year. The plaintiff's council wrote in the latter case that Apple's "cover-up" shows that they "had knowledge of the defect, yet willfully and intentionally decided to hide the defect, resulting in continuing damage to the Class." By far, it's been a contentious issue and we've had the most email sent in to us on this issue than any other report we've ever covered. Now the battle goes north to Canada where a new Class Action request has been filed on behalf of a Montreal resident by the name of Mr. Carbonneau. The difference here is that this is a National Class Action open to any Canadian to join from any Province. The Class Actions that were filed in the U.S. were limited to the States where the action was filed.
The Lex Group's December 3 press release states that "LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (collectively "Apple"), concerning Apple's 15 and 17 inch 2011 MacBook Pro Laptops equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU) (hereinafter the "MacBook Pro").
The class action alleges that the MacBook Pro was affected by a design/manufacturing defect and suffered from graphical issues, including severe screen distortion, pixilation, graphical artifacts, and ghosting, that often precipitated the system shutting down or failing completely. It is further alleged that Apple failed to reimburse owners for out of pocket repair costs incurred in an attempt to solve said graphical issues, including the cost to replace the MacBook Pro's logic board (main circuit board)."
The Motion to Authorize the Bringing of a Class Action concludes by listing their demands. The conclusions that the Petitioner wishes to introduce by way of a motion to institute proceedings are:
Grant the class action of the Plaintiff and each of the Class Members;
Declare the Defendants solidarily liable for the damages suffered by the Plaintiff and each of the Class Members;
Condemn the Defendants solidarily to pay to Plaintiff and each of the Class Members a sum to the determined in compensation of the damages suffered, including but without the reimbursement of the purchase price and the reimbursement of repair costs, and Order collective recovery of these sums;
Condemn the Defendants solidarily to pay to Plaintiff and each of the Class members a sum to be determined in punitive and/or exemplary damages, and Order collective recovery of these sums;
Condemn the Defendants solidarily to pay interest and additional indemnity on the above sums according to Law from the date of service of the Motion to authorize the bringing of a class action;
Order that the claims of Individual Class Members be the object of the collective liquidation if the proof permits and alternatively, by individual liquidation;
Condemn the Defendants solidarily to bear the costs of the present action including experts' fees and notice fees;
Render any other order that the Honourable Court shall determine and that is in the interest of the Class Members:
The Petitioner suggests that this class action be exercised before the Superior Court in the District of Montreal.
All of the highlighted words noted above were such in the original filing and not added by Patently Apple. The word "Honourable" is Canadian spelt.
The filing before the court basically covered that the Petitioner purchased the 2011 MacBook Pro Laptop and had it "repaired" by Apple multiple times, to no avail even after writing to many Apple representatives, including the CEO with no resolve.
If this Class Action lawsuit is won in Canada, it's likely to spill over to a new national Class Action in the U.S. This issue remains to be a hot one in the U.S.. This past summer we reported about angry customers continuing their battle against Apple over faulty 2011 MacBooks. AppleInsider had reported activity from Apple's internal repair network about this ongoing problem.
To date we've yet to officially hear from Apple as to why they won't resolve this issue. Just for PR sake they should break their silence.
To view the full Canadian motion, click here.
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