United States Ninth Circuit

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.

Appellate Information

• Argued 10/08/2009
• Decided 12/30/2009
• Published 12/30/2009

Judges

• THOMPSON, Senior Circuit Judge:, Before: J. CLIFFORD WALLACE, DAVID R. THOMPSON and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeff D. Friedman, Berkeley, CA, for the plaintiffs-appellants.


• For Appellees:
  
• David Bernick, New York, NY, for the defendant-appellee.