iPad overheating lawsuit has been tossed

A lawsuit filed by three plaintiffs in US District Court last July alleging that they were "duped" into buying iPads that overheat "too easily" and that Apple claimed that reading on one was "just like reading a book" has been thrown out for lack of specificity, a ruling by Judge Jeremy D. Fogel revealed. He dismissed the allegations as "insufficient," noting that the plaintiffs had not produced any evidence of Apple actually making the claims or proving that the iPad "easily" overheats in warm weather.

Various reports of iPads overheating have been seen, but almost always when they are on for extended periods in direct sunlight on hot days. The device relies on its own metal chassis to provide much of the heat dispersal, but if left on a hot surface such as a car seat will sometimes show an on-screen warning that "iPad needs to cool down before you can use it."

The three plaintiffs -- Jacob Balthazar, Claudia Keller and John Browning -- had sought class-action status and unspecified damages, but still have 30 days in which they can file an amended complaint that provides evidence that the iPad's overheating under those conditions is unusual for a device of its nature or a provable defect in the design. Plaintiffs must also provide evidence to back up their claim that Apple's marketing of the iPad was deceptive. "At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement," the judge wrote.

For its part, Apple has never publicly commented on the case.