Update on Verizon Blackberry 8830 Case

June 11, 2008
Lexero LLC

 

Not much has happened in the proposed class action lawsuit against
Verizon for it’s disabling of the built-in GPS in the Blackberry 8830.

 

The parties have primarily been engaging in some preliminary
procedural matters. The biggest issue so far addressed was whether an
arbitration provision in the Customer Agreement could be enforced. The Court
issued an order on May 13, 2008 denying Verizon’s attempt to have the case
submitted to arbitration. Even Verizon admitted that the arbitration clause
would not be enforceable under California
law, but Verizon had to make certain procedural arguments to ensure a
sufficient record if an appeal were filed.

 

The trial date for the case has been set for September 14,
2009, approximately fifteen months away as of this writing. While still
unlikely to go to trial, the Blackberry 8830 would probably be approaching
technology extinction by the time the suit went to trial and any appeal were
resolved.

 

CyberLaw will update continue to update this case as further
events transpire.


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