After two iPod users filed a class action lawsuit against Apple for dangerous iPod volume levels in 2006, the case dragged on until June 2008 when U.S. District Judge James Ware dismissed the case. The suitors claimed that iPod was set at 165 decibels which, if listened to at full volume for a short period of time, could cause permanent hearing loss. Despite the warning from Apple informing consumers about hearing loss, the plaintiffs claimed it was inadequate. The judge dismissed the case saying the plaintiff’s claims “suggest only that users have the option of using an iPod in a risky manner, not that the product lacks any minimum level of quality” in the 3-0 ruling.

The plaintiffs were looking for compensation for the amount that customers allegedly overpaid for the product, and they filed an appeal to get the verdict overturned. Turns out the Appeals Court agrees with the original verdict and is overturning the plaintiff’s appeal.