A U.S. district court judge has tossed out a case leveled by two iPhone owners who claimed the allegedly “wiggly” power buttons of some iPhone 4 and iPhone 4S handsets are hazards to users, reports “AppleInsider.com . ”
U.S. District Judge Gary Feess denied the request by Ross Missaghi and Charles Thompson to bring Racketeer Influenced and Corrupt Organizations (RICO) claims against Apple and AT&T over an allegedly faulty iPhone power button design. The plantiffs said they each took their respective phones to Apple Stores, where employees told them that the defect was not repairable and thus the “user must either continue to use the [phone] in its diminished state, or purchase a replacement.”
However, Feess ruled that Apple had no obligation to disclose defects that arose after the warranty for the phone expired. He added it was “speculative” to claim that a faulty power button represented a safety hazard.