California Business Litigation Blog

Two California men, Fred Greaves and Dave Gatley filed suit in San Diego County Superior Court. In the suit, which seeks class action status, the men claim Apple MacBook advertising promised displays capable of delivering up to 16 million colors (and 8 bits per channel). The suit states that the displays are only capable of 6 bits per channel which deliver ONLY about 262,144 colors.

The suit also alleges that Apple chastized customers for being too picky about their assessment of the quality of the display, and also told customers that they were imagining the complained about defects.

This lawsuit is an interesting blend of facts to generate sales for Apple (the number of colors) and facts which may have greater legal merit (6 bits vs 8 bits per channel). After all, who among
us can actually see over 260,000 different colors let alone 16 Million?

The other aspect of this suit which contribute to how this settles out will be the assertions that Apple told customers they were too picky or they were imagining the defects. It's one thing to not deliver on a product as promised and Apple could have complicated the problem ennormously if they denied the source of the problem and blamed customers' perceptions and imaginations.

False advertising will always be an interesting part of business law and our trial practice.

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: False Advertising

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Rebekah Rice sought damages after being disciplined, then ridiculed, for using the phrase "that's so gay" at Maria Carillo High School in Santa Rosa. Superior Court Judge Elaine Rushing ruled that school administrators did not single Rebekah Rice out for punishment, nor did they break any laws when they disciplined her for using the phrase "that's so gay" in response to students who were teasing her about her Mormon upbringing.

Superior Court Judge Elaine Rushing: "All of us have probably felt at some time that we were unfairly punished by a callous teacher, or picked on and teased by boorish and uncaring bullies. Unfortunately, this is part of what teenagers endure in becoming adults. The law, with all its majesty and might, is simply too crude and imprecise an instrument to satisfactorily soothe deeply hurt feelings."

Additionally, Judge Rushing also rejected the claim that the school refused to protect Rebekah from teasing about her Mormon religion. In an unusual move, Judge Rushing admonished the family for aggravating Rebekah’s situation, stating "If the Rice family had not told everyone that Rebekah had been given a referral for saying 'That's so gay' then no one else would have know it either, and she would not have been referred to as the 'That's so gay girl.'"

It’s good to see the judiciary rule in favor of the rules and laws which California school districts must follow. It is outstanding to see a judge hold parents accountable for exacerbating a minor school discipline issue and escalating it to a lawsuit.

As a law firm that deals in school district litigation and lawsuits regularly, this was truly a notable ruling.

Continue reading "California Student Loses “That’s So Gay” Lawsuit" »

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: Education

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