Report: Apple iPod hearing loss lawsuit headed by Microsoft retained trial lawyer

“The Washington Post reports: ‘A Louisiana man claims in a lawsuit that Apple’s iPod music player can cause hearing loss in people who use it… Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. Berman, of Seattle. But that’s beside the point of the lawsuit, which takes issue with the potential the iPod has to cause irreparable hearing loss, Berman said,'” reports. “What the Washington Post fails to mention in their story is that the attorney, Steve W. Berman, is on retainer at Microsoft: ‘More recently, Microsoft recognized Mr. Berman’s experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson’s Findings of Fact in the Department of Justice antitrust case against the company.’ We smell a rat!”

Full article on here.
Note also that Steve Berman also handled the iPod nano screen scratches lawsuit. Interesting; just a mere coincidence?

[UPDATE: 11:09pm EST: Included info that Steve Berman also handled the iPod nano scratches lawsuit.]

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Related articles:
iPod user sues Apple over hearing loss [UPDATED] – February 01, 2006
Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit – October 25, 2005


  1. Whether or not the attorney is on retainer at Microsoft, the whole concert seems silly and ridiculous. If the iPod is at fault, so are Bose headphones, Klipsch loudspeakers, and especially the airline industry for the engine noises exceeding 90, 100 and 140 dB at each and every major airport. This whole suit is “ridonkulous,” as my daughter would say.

  2. Why stop there?. Sue Van Halen, KISS, Bon Jovi, Foo Fighters, and any band that you can image for playint too loud.

    People outside of the US are going….man they got some dumb lawsuits over there!

  3. HARD to believe it has come to this. Microsoft quasi-related frivilous lawsuits against Apple in order to compete with, or atleast spread FUD about, the iPod.

    Sad day for America.

  4. of corporate crime. This kind of shady business should surprise nobody. Microsoft knows it can get away with anything. And SOME lawyers will do anything for money. Mix and serve chilled.

  5. I tell you what people should be up in ARMS about – these rediculous lawsuits!

    My home theater speakers are just a little bit more powerful than my handheld iPod (I can hardly lift my huge subwoofer), but if I play them at their max while standing right beside them, I don’t deserve a settlement from H-K or Sony!

    If the iPod had a defect that would override the volume control and shoot piercing sound without warning…I could see the possibility of neglegence…but come on…there is a volume control. Sometimes you WANT it maxed out. Sometimes you don’t. Apple give you a plethora of freedom in deciding what volume level is correct for your needs and tolerances.

  6. I’m thinking of a class action against Ford. They appear to have built a sedan tht can travel at speeds that might kill me if I drive it into a wall.

    In Europe they used to make drivers hire a man to walk in front with a red flag to ensure drivers couldn’t damage themselves or others. Clearly this safety first poilcy is a model of behaviour that FORD must follow.

  7. Then I guess all the other manufacturer’s mp3 players should be sued……..this lawsuit is a joke.

    Doesnt this ding-a-ling know that anyone following this story knows he lawsuit is complete joke and an attempt to try and cash in on the iPod success??

  8. Sure… and if Apple limited the maximum volume to a level that couldn’t possibly harm anyone’s hearing, they’d be facing a class action suit by hearing impaired people under the ADA, because the iPod didn’t accommodate their disability.

    Whatever happened to personal responsibility?

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