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iPad overheating lawsuit dismissed

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A lawsuit contending Apple's iPad overheats too quickly outdoors or in warm-weather conditions has been dismissed by a judge who called the allegations "insufficient" for the suit to proceed.

The plaintiffs, three California residents, filed suit last July saying they bought the tablet based on Apple's claim that "reading on an iPad is just like reading a book," they said in the suit.

But that's not the case, "since books do not close when the reader is enjoying them in the sunlight or in other normal environmental conditions. This promise, like other portions of Apple's marketing material for the iPad, is false."

The three said in the lawsuit that the tablet "does not live up to the reasonable consumer's expectations created by Apple insofar as the iPad overheats so quickly under common weather conditions that it does not function for prolonged use outdoors, or in many other warm conditions."

In his ruling, issued Feb. 10, federal judge Jeremy Fogel said that's basically just so much hot air. Computerworld shared part of the judge's written order, which said:

The Court concludes that these allegations are insufficient ... 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 suit may not be totally dead, though: the plaintiffs have 30 days to file an amended complaint, the judge said.

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