9th Circ. Unplugs IPod Hearing Damage Class Action

Law360, New York (January 5, 2010, 12:32 PM EST) -- A federal appeals court has thrown out a putative class action alleging the headphones of Apple Inc.'s iPod carry an undue risk of hearing damage, closing the book on the litigation for good.

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit on Wednesday ruled that the plaintiffs failed to sufficiently plead a claim for breach of implied warranty of merchantability, and lacked standing to assert a claim under California unfair competition law.

Joseph Birdsong and Bruce Waggoner made no allegations of...
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