Incredible news from Land of Oz

9th Circuit upholds dismissal of class action suit against Apple.

The U.S. Court of Appeals for the Ninth District affirmed a 2008 decision by a California district court to dismiss a long-running lawsuit that claimed iPods endangered users’ hearing. iPods, said the original 2006 lawsuit — which eventually boasted three plaintiffs and sought class-action status — were defective because they could play music at unsafe volumes above 115 decibels (dB).

The district court disagreed, saying that any dangers of hearing loss from playing music too loud were “obvious” and “unavoidable.”

For those of you who aren’t avid readers of 9th Circuit decisions, to appreciate this story you need only know that “obvious” and “unavoidable” are terms never before seen in its decisions.

3 Comments

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3 responses to “Incredible news from Land of Oz

  1. KC

    I guess that we should be grateful that they are accepting novel legal theories like personal responsibility and the use of common sense.

  2. OMG!!! Has the 9th Circuit been infiltrated by someone sane and not an AAJ (f/k/a ATLA) toady?

  3. whatever

    kc,

    i imagine only because the ipod/inonsense is socially acceptable. if it was the zune being sued they would not have arrived at the same conclusion.