In August 2018, Robert Franklin bought an iPhone 6 from his
local Walmart Supercenter in Sulphur Springs, Texas. A year later,
according to Franklin, his phone blew up—but not in the
metaphorical sense—injuring his eyes and wrist. Franklin
brought design defect, manufacturing defect, failure-to-warn, and
unfair practices claims in the U.S. District Court for the Eastern
District of Texas on behalf of himself and all other iPhone 6 (and
6 Plus, 6S, and 6S Plus) owners who were injured by exploding
iPhones. Franklin v. Apple Inc., 2021 WL 4989952
(E.D. Tex. Oct. 27, 2021).
Apple moved to dismiss under Federal Rule of Civil
Procedure 12(b)(1) and 12(b)(6). Apple first argued that
Franklin lacked standing to bring claims on behalf of potential
class members who had bought different iPhone 6
models. Id. at *3. The court relied on several
out-of-circuit cases in analyzing the standing issue, loosely
adopting the test that "a plaintiff has standing to assert
claims for
