Birdsong v. Apple, Inc., No. 08-16641
In an action claiming that Apple's iPod was defective because it posed an unreasonable risk of noise-induced hearing loss to its users, dismissal of the action is affirmed where: 1) the plaintiffs admitted that the iPod had an ordinary purpose of listening to music, and nothing they alleged suggested iPods were unsafe for that use or defective; 2) the plaintiffs failed to allege how the absence of their suggested changes to the iPod caused any user an injury; and 3) plaintiffs did not allege the requisite injury in fact to have standing under California's Unfair Competition Law.
Read Birdsong v. Apple, Inc., No. 08-16641
Appellate Information
Argued and Submitted October 8, 2009
Filed December 30, 2009
Judges
Opinion by Judge Thompson
Counsel
For Appellants:
Jeff D. Friedman, Berkeley, CA
For Appellee:
David Bernick, New York, NY