Court Preliminarily Approves $9.75 Million Class Action Settlement Concerning Nexus 6P Smartphones
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The law firms of Girard Sharp LLP and Chimicles Schwartz Kriner & Donaldson-Smith LLP announce that on May 3, 2019, the United States District Court for the Northern District of California issued an order granting preliminary approval to a $9.75 million settlement in a class action lawsuit against Huawei and Google related to the Nexus 6P smartphone. The plaintiffs in this lawsuit allege that the Nexus 6P is defective, resulting in two different issues: “Bootloop” is when a Nexus 6P allegedly begins randomly rebooting, and in some instances fails permanently in an endless bootloop cycle, where the phone constantly reboots without ever advancing to the home screen, and in some instances, may stop booting altogether. “Battery drain” is when a Nexus 6P allegedly has a noticeable decrease in battery life, or shuts off suddenly even when its battery life icon shows that it is charged. Huawei and Google deny that the Nexus 6P is defective.
The settlement class is comprised of all persons within the United States who purchased a Nexus 6P smartphone, other than for resale, between September 29, 2015 and May 3, 2019. Excluded from the Settlement Class are (a) Huawei and Google, and their officers, directors, employees, subsidiaries, and affiliates; (b) all judges assigned to this case and any members of their immediate families; and (c) the parties’ counsel in this litigation.
The proposed settlement provides for the defendants to fund a $9.75 million non-reversionary common fund that will be applied to pay valid claims submitted by class members.
The deadline for settlement class members to submit claims is September 3, 2019. Claims can be submitted online, at www.nexus6psettlement.com, or through the mail. A notice will be emailed to purchasers for whom the parties have contact information. For additional information, claim forms, and detailed instructions on how to make a claim, go to www.nexus6psettlement.com or call toll-free at 1-855-336-4167. The lawsuit is titled In re Nexus 6P Product Liability Litigation, Case No. 5:17-cv-02185-BLF and is pending before Judge Beth Labson Freeman in San Jose, California. The Court has scheduled a hearing for October 10, 2019 to determine whether to grant final approval to the settlement.
Additional information can be obtained by contacting the attorneys for plaintiffs and the settlement class below:
Daniel C. Girard
Benjamin F. Johns