The Federal Ninth Circuit Court of Appeals in San Francisco is often described as the most liberal Federal appeals court in all the land. Thus, it would normally be considered pro-plaintiff in most cases. Nevertheless, Engadget reports that it recently upheld the ruling of a lower court dismissing a class action suit against Apple for iPod related hearing losses. Perhaps the class representatives weren’t aware that iPods do come with adjustable volume settings. I’m not sure that my son is aware of that. It is always a bad sign if the ear buds are in and you can still tell what someone is listening to.