In April of last year, a class action investigation began concerning Google, Huawei, and the Nexus 6P bootlooping issues. Many users were reporting issues with the Nexus 6P shutting down randomly, even when the battery was showing up to 60% charge. Other users reported endless bootloops and battery drain. Nexus 6P owners claimed that Google and Huawei were unresponsive to the issue. The lawsuit alleged that they were aware of the defects and still sold the devices.
The case has been ongoing for close to a year now and we finally have an update. Judge Beth Labson Freeman from the U.S. District Court in Northern California has issued a ruling to deny motions from Google and Huawei to dismiss the case. She also moved to dismiss claims that the cases don't warrant a class-action suit. Warranty claims will be allowed to proceed against Huawei and state consumer protection claims will proceed against Google.
It wasn't all bad news for Google and Huawei. The judge dismissed certain fraud or fraud-based, warranty, and unjust enrichment claims. The plaintiffs can replead these claims in an amended complaint (which they have indicated they intend to do) at a later date. So what does all of this legal jargon mean? The class-action lawsuit is not going away. However, the case is still a long way from being over. It took almost a year to get this update and it will likely take even longer to completely resolve the situation.
Read the full press release below.
Press Release
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.
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