In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the Northern District of California denied Apple's motion for summary judgment in a putative class action by iPhone and iPad owners who allege that Apple enabled violations of their privacy rights through "apps." The court also ordered plaintiffs to withdraw their motion to certify two different classes and re-file the motion later. Both rulings were the results of Apple's failure to fully comply with its discovery obligations. The eventual outcome of these motions could have a far-reaching impact on privacy class actions nationally. Judge Koh, the judge who broke new ground in the Facebook "sponsored stories" privacy litigation (Fraley v. Facebook) and in prior rulings in the In Re iPhone case, is in a position to reshape the landscape of privacy class actions.
In Re iPhone was brought by users who contend that Apple allows advertisers and others to...
