Seems that if you use a case or "bumper" that it negates the problem. If the finding of the iphone in that bar in WA is true, then most of the real world testers had iphone 4s with "fake" iphone 3g cases built around them. Something that would not cause the problem to happen. It has to be held with the bare hand.
IPhone 4 lawsuits pop up: let the games begin! | TG Daily
Lawsuits are being filed... I'm just glad I didn't upgrade, the service with AT&T is shitty enough already.