Birdsong v. Apple, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[a] breach of the warranty of merchantability occurs if the product lacks even the most basic degree of fitness for ordinary use”
• explaining that the SBWA required the plaintiffs to successfully plead a breach of state warranty law to avoid dismissal
• holding loss in value does not constitute actual or imminent injury where, unlike here, the alleged injury rested on the hypothetical risk that consumers would “use their iPods in a risky manner.”
• affirming district court’s dismissal of warranty claim as plaintiffs failed to allege that they have suffered or are substantially certain to suffer injury
• rejecting claim under the Song-Beverly Act .where plaintiffs did not allege that iPods were unsafe for listening to music or otherwise defective
• requiring proof of injury and causation under California implied warranty and unfair competition laws

Source: CourtListener parenthetical corpus (CC0).