Second Amended AirTags Complaint Suffers ‘Same Defective Claims,’ Says Apple
Instead of heeding the court’s “admonitions” in two previous attempts to plead their claims over the use of AirTags as a stalking device, the dozens of plaintiffs filed a 142-page second amended complaint reasserting many of the “same defective claims”…
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against Apple, said Apple’s motion to dismiss Friday (docket 3:22-cv-07668) in U.S. District Court for Northern California in San Francisco. As a result, all claims the court dismissed “in the last go round” fail again because the plaintiffs’ injuries weren’t “proximately caused by Apple,” it said. The plaintiffs also fail to state an unjust enrichment claim, it said. The plaintiffs don’t allege that they conferred a benefit onto Apple or that Apple obtained such a benefit through fraud, mistake, or coercion, it said. Apple understands from the court’s prior ruling that some plaintiffs and some claims will proceed, it said. But the plaintiffs’ second amended complaint does’t help the court narrow this case, it said. So once again, Apple asks the court to dismiss the majority of the plaintiffs’ claims, it said.