Google and Huawei both are facing a class action lawsuit for the Huawei Nexus 6P, and its not going away anytime soon.
The Nexus 6P faced issues with random shutdowns and boot looping issues. Users reached out to Google but claimed the firm was slow to resolve their issues.
In a ruling delivered today, the US District Court dismissed motions from Google and Huawei which argued that the claims did not warrant a class-action suit, as well as denied motions from the firms to dismiss the case. The court also dismissed motions from the plaintiffs for fraud and unjust enrichment, however, they may continue to claim against Huawei for the Warranty, and consumer protection for Google.
The case is still far from a resolution, but it will be moving forward.
The press release follows below:
I am writing to provide you with an update on the class action lawsuit regarding Google’s Nexus 6P phone.On March 5, 2018, the United States District Court for the Northern District of California ruled on motions to dismiss filed by defendants Huawei and Google in a lawsuit relating to allegedly defective Google Nexus 6P smartphones. The case is In re: Nexus 6P Prods. Liab. Litig., No. 5:17-cv-02185 (N.D. Cal.).
The 15 named plaintiffs in this lawsuit allege that Google and Huawei jointly designed and sold the Nexus 6P with knowledge that the phones contain a defect that cause the phones to enter into an endless bootloop at startup and to experience battery drain and sudden shut off despite the phones having more than 50% battery life.
Judge Beth Labson Freeman denied defendants’ motions to dismiss as to several of the plaintiffs’ claims. The court allowed express and implied warranty claims, as well as claims under the federal Magnusson-Moss statute and California Unfair Competition Law to proceed against Huawei. The court also allowed a state consumer protection statute claim to proceed against Google. Furthermore, the court declined to grant the defendants’ request to strike the class action allegations from the lawsuit. The court also granted the motion in part, dismissing certain claims including certain fraud or fraud-based, warranty, and unjust enrichment claims. Almost all of the dismissed claims were dismissed without prejudice, meaning that the plaintiffs may replead these claims in an amended complaint. Plaintiffs intend to file that on June 8, 2018.
Source: XDA Developers.