A judge for the US District Court for the Northern District of California certified a class action lawsuit Monday against Apple over its controversial butterfly keyboard. Although the court granted the motion on March 8, the parties had 11 days to redact the document before its release.
In 2015, Apple released the butterfly keyboard: a 40 percent thinner keyboard that reduced the bulk and weight of the tech giant’s MacBook laptops. The new keyboards were integrated into 16 MacBook models over several years. However, customers returned machines with butterfly keyboards more often than earlier iterations of the product due to poor performance.
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Judge Edward Davila ruled that the potential class of defective MacBook purchasers meets all four requirements in Federal Rule of Civil Procedure 23(a): numerosity, commonality, typicality and adequate representation. Although the number of laptops sold by Apple with butterfly keyboards is redacted in the order, the court ruled that the class is “sufficiently numerous” and meets the Rule 23(a)(1) numerosity requirement. The case meets the commonality requirement of Rule 23(a)(2) because the plaintiffs set forth issues that are common to the class, such as whether the butterfly keyboard “was defective and whether Apple was aware of that defect, among others.”
Rule 23(a)(3) requires typicality, meaning “the claims or defenses of the representative parties are typical of the claims or defenses of the class.” The court found that the representative plaintiffs’ claims are “reasonably co-extensive” with absent class members, and typicality is met. Lastly, Rule 23(a)(4) requires that named plaintiffs adequately represent the class as a whole. The court was “satisfied” that the named plaintiffs could represent class members who purchased each of the sixteen MacBook models with the butterfly keyboard in each of seven states.
Davila also ruled that the case is appropriate for certification under Rule 23(b)(3) because common issues predominate the case rather than issues individual to each plaintiff. In closing, the court officially appointed eleven plaintiffs as representatives of the class and subclasses. The parties now have twenty-one days to submit a proposed plan of Notice to the court.
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Now that the Mac Pro and Pro Display XDR are officially available to order, Apple has confirmed that the new color variant of the Magic Keyboard, Mouse, and Trackpad will only come with the new pro machine for now. And the same goes for Apple’s first black USB-C to Lightning cable.
Back at WWDC when the Mac Pro was first unveiled, Apple showed off the new black and silver Magic Keyboard, Mouse, and Trackpad. However, it went under the radar with it looking similar to the space gray variants, especially in low light.
One interesting tidbit as discovered in image assets by Steve Troughton-Smith is that it looked like Apple would offer a black and silver Magic Keyboard without numpad for the Mac Pro.
However, at the time of writing, Apple only shows the black and silver Magic Keyboard with number keypad as coming with the Mac Pro, with no option for a keyboard without the numpad.
Further, Apple highlights that the black and silver Magic Trackpad is only available with the purchase of a Mac Pro. And the Magic Keyboard and Magic Mouse are also not available to purchase as standalone accessories.
Time will tell if this will create silly aftermarket prices of the new Magic accessories’ black and silver color on sites like eBay. That’s what we saw with the iMac Pro launch and the exclusive (for a time) space gray Magic Keyboard, Trackpad, and Mouse.
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The Mac Pro also appears to include Apple’s first black USB-C to Lightning cable in the box.
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For what it’s worth, the space gray accessories became available on their own about three months after the iMac Pro first launched.
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