The cliche — usually and probably wrongly attributed to Bismarck — is that respect for laws and sausages is diminished by watching them made. The same could be said of the practice of law. Practicing law involves making a huge variety of arguments that are unpalatable to anyone but lawyers. Fortunately, indifference and functional legal illiteracy prevents 99% of the public from ever noticing the sorts of things we argue on behalf of our clients. That's why Apple, when accused of lying about the iPhone being "twice as fast for half the price", can get away with saying, in effect, that only a total moron would believe them when they say stuff like that, and that where the law is concerned, morons are shit out of luck. (That's a quote from Blackstone, I think. Or maybe Learned Hand.)
Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact.
"I can't help it," Apple-as-scorpion says to consumer-as-frog, "it is my nature."
Last 5 posts by Ken White
- Department of Justice Uses Search Warrant To Get Data On Visitors to Anti-Trump Site - August 14th, 2017
- America At The End of All Hypotheticals - August 14th, 2017
- Lawsplainer: Why John Oliver Is Anti-Diversity Now - August 11th, 2017
- Anatomy of a Scam, Chapter 15: The Wheels, They Grind - August 10th, 2017
- We Interrupt This Grand Jury Lawsplainer For A Search Warrant Lawsplainer - August 9th, 2017