Posts Tagged ‘Class-actionLawsuit’

Appeals court sides with Apple in iPod hearing loss dispute

Posted by: Gadget Boy in Gadget News, Technology on December 31st, 2009

Well, it looks like that iPod hearing loss lawsuit that's been nagging Apple for the past couple of years may finally be going away (in its current form, at least), as the Ninth Circuit Court of Appeals in San Francisco has now affirmed a 2008 district court ruling and rejected a class-action lawsuit that sought to hold Apple responsible for hearing loss allegedly caused by iPods. While that may be a possibility, the court said that the "plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use" -- further adding that, "at most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," which doesn't quite make the grade for a class-action suit. Not surprisingly, neither Apple nor the plaintiffs are making any comments on the verdict, and we're pretty sure that Apple would like to keep it that way.

Appeals court sides with Apple in iPod hearing loss dispute originally appeared on Engadget on Thu, 31 Dec 2009 12:58:00 EST. Please see our terms for use of feeds.

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Banned Xbox modders get a class-action lawsuit to call their own

Posted by: Gadget Boy in Gadget News on November 20th, 2009

You had to know someone out there would try and profit off Microsoft's recent mass bannination of modded Xbox 360 consoles from Xbox Live, and although the eBay scammers arguably got there first, we're awarding the style trophy to AbingtonIP, an Oklahoma law firm that's trying to gin up a class-action lawsuit. Why? Because even though the XBL terms of service expressly prohibit modded consoles, AbingtonIP thinks it's not fair for Microsoft to have timed the ban to coincide with the release Call of Duty: Modern Warfare 2, and it also thinks it's unfair for an XBL ban to affect "Xbox functionality not associated with piracy" like Netflix, arcade games, and DLC. A noble cause, to be sure, but if you're a modder who didn't think there was a chance you'd be booted from Live at some point, you're not a very smart modder -- and Microsoft isn't under any obligation to time its bans for the convenience of people breaking its terms of service. The firm is just at the generating-interest phase and hasn't filed anything yet, so we'll see how far these freedom fighters get -- we'd guess this one dies on the vine.

Banned Xbox modders get a class-action lawsuit to call their own originally appeared on Engadget on Fri, 20 Nov 2009 10:18:00 EST. Please see our terms for use of feeds.

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First Sidekick class-action lawsuits predictably get underway

Posted by: Gadget Boy in Gadget News on October 15th, 2009

Our usual rule is to ignore attention-seeking class-action lawsuits until they make it past the critical step of being certified by a judge, but we think it's pretty wild that the Sidekick debacle has already resulted in two separate suits in two different states. That's a turnaround time of just a few days, really -- and now that Microsoft is saying it can restore most of the lost data, it'll be interesting to see if these cases can push on past the early stages. Both the California and Washington state cases allege that T-Mobile misled customers into thinking their data was secure, but for some reason we're particularly amused at the California case filed by aspiring model and singer-songwriter Maureen Thompson, who says she lost "photos and song lyrics" she'd entrusted to her Sidekick -- honestly, what judge can't relate to her situation?

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First Sidekick class-action lawsuits predictably get underway originally appeared on Engadget on Thu, 15 Oct 2009 13:26:00 EST. Please see our terms for use of feeds.

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