Birdsong v. Apple, Inc.

THOMPSON, Senior Circuit Judge:

Plaintiffs-appellants Joseph Birdsong and Bruce Waggoner (collectively, the “plaintiffs”) filed a class action complaint claiming that defendant-appellee Apple, Inc.’s (“Apple”) iPod is defective because it poses an unreasonable risk of noise-induced hearing loss to its users. The plaintiffs appeal the district court’s dismissal of their third amended complaint. The dis trict court determined that the plaintiffs failed to state claims for breach of the implied warranty of merchantability and fitness for a particular purpose, and that they lacked standing to…