A class of 15 plaintiffs will have until June 8th to refile complaints against Google and Huawei for not supporting warranty claims concerning bootlooping Nexus 6P units.

The judge overseeing the case in San Jose District Court threw out every claim — from violations of state consumer rights laws to accusations of unjust enrichment — as set by the plaintiffs save for the basic allegations laid in the case: that hardware issues in the Nexus 6P, as produced by Huawei and sold by Google, have not been properly addressed or in good faith by either corporate party through warranty. They include random device shutdowns that require a charging source to remedy and a bootlooping issue that was common on several LG phones of that time.

The class can reformulate all the claims tossed out as they were dismissed without prejudice. However, there is one passage that Judge Beth Labson Freeman wrote that may break or make this case:

Huawei and Google contend that the putative nationwide class and the statewide subclasses are facially overbroad because they include individuals who never experienced problems with their Nexus 6Ps.


Although these concerns are not without merit, Huawei’s and Google’s arguments are more appropriately addressed at a later stage of the proceedings when the issues have been more fully developed and sharpened. At the hearing, the Court indicated its inclination to defer these issues to the class certification stage.

We’ll be watching this case to see if it ends different as to how the bootloop suit against LG ended in arbitration.

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