WTF? You fail to even read the filing, there's no error on buyer's behalf, and it's polar opposite to what you've been arguing so far!
Naturally, as the filing is AGAINST Apple. Why would I expect the plaintiff's filing to agree with me?
The dealership is liable because a) the contract is with the dealership not the manufacturer, b) the dealership had an opportunity to verify the information but chose not to and c) the dealership used that information for the basis of your bargain.
Again, this is simply wrong. The dealership doesn't have to be a detective. So long as they make a good faith effort to do their job, they are not liable for a manufacturer's deception. (We've been speaking about this in black and white terms, but it is possible that some state may have different rules. I will clarify that in my state (Louisiana, not common law, but not as different as you think)
Let's say I sell you a black box that is branded X, I also present you with a sheet of information of what that box contains and that sheet is also branded X. You buy the box and discover that the contents are not what the sheet described. Your action would lie against me and not manufacturer X, it's so patently obvious!
Your hypothetical is different than mine.
Indeed it is, and a true one too...
Are you trying to imply I'm lying about something?
You fail to read it- disputes resolved by courts - what arbitration clause would the lawyers try to circumvent?
i never made the claim that Apple certainly has an arbitration clause. I in fact clearly stated I'm not familiar with Apple's TOS. I simply gave an example of a way to safeguard.
.. for someone who
you really don't seem to be getting into the nitty-gritty details of the thing you're attempting to argue about...
Because your posts are full of Westlaw citations?
Look, we can agree to disagree. You seem to be implying that Apple simply has no argument whatsoever so they should just settle to avoid an embarrassing loss in court. I can't agree with that. I imagine they will settle, as the money spent in court probably doesn't match up to the costs of just settling. That said, I think Apple could prove they did nothing wrong. If your a licensed attorney, you should know that legal matters are rarely black and white.