Class Action

New Ninth Circuit UCL decision: Birdsong v. Apple, Inc.

By Kimberly A. Kralowec

In Birdsong v. Apple, Inc., ___ F.3d ___ (9th Cir. Dec. 30, 2009), the Ninth Circuit held that the district court had correctly granted the defendant's motion to dismiss the plaintiffs' UCL "fraudulent" prong claim (as well as their breach of express and implied warranty claims).  The UCL claim was properly dismissed, the court held, due to lack of Prop. 64 standing.

This decision received a lot of press coverage because the product in question was the iPod.  From an article by Bob Egelko in the San Francisco Chronicle: "A federal appeals court flicked the off switch Wednesday on a lawsuit claiming Apple's iPod is defective because it lacks adequate controls against dangerous sound levels."

Full post as published by The UCL Practitioner on January 04, 2010 (boomark / email).