Birdsong v. Apple, Inc., No. 08-16641 - U.S. Ninth Circuit
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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