The lawsuit was filed by an iPod customer in Louisiana and another in California. The dismissal was granted on the grounds that the customers bringing the lawsuit failed to show the devices weren’t fit to be sold for the ordinary use of listening to music.
The customers alleged that iPods can play music at 104 decibels -- a noise level equivalent to helicopters and power mowers. While a noise warning is in user manuals, there is no indication of the iPod’s volume capability on the device itself, the complaint claimed.
The case is Joseph Birdsong v. Apple, 08-16641, 2nd U.S. Court of Appeals (San Francisco).
Shares of Apple were up $2.61, or 1.25 percent, to $211.71.
About EQUITIES:
Since 1951, EQUITIES Magazine has been a leading media company providing business editorial content designed to serve the needs of business leaders, professionals, institutional investors and retail investors. We are focused on business and the business of making money, not on lifestyle subjects. We publish original reporting in print and on our website, as well as select content at www.nasdaq.com. For 28 years we have hosted our own branded investor conferences that connect public company CEO’s with our loyal readers in the investment community.
Sign up for a free one-year subscription to EQUITIES Magazine
