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From: Dave Farber <dave () farber net>
Date: Mon, 4 Jan 2010 14:02:49 -0500
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From: Randall Webmail <rvh40 () insightbb com> Date: January 4, 2010 1:41:08 PM EST To: johnmacsgroup () yahoogroups com, dewayne () warpspeed com, dave () farber net Subject: Brought to you by Captain Obvious
Birdsong v. Apple, Inc., No. 08-16641In 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.http://caselaw.lp.findlaw.com/data2/circs/9th/0816641p.pdf
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