iPod to Turn Down The Music

Following a class-action lawsuit filed in California in January, Macintosh has agreed to add a maximum volume control to the iPod nano and the fifth-generation iPod.

The lawsuit claimed that iPods could cause hearing damage because they could produce sounds louder than 104 decibels and up to 115 decibels. According to the National Institute on Deafness and Othe Communicative Disorders, noise-induced hearing loss is common with sounds of 120 to 140 decibels, including firecrackers, motorcycles and firearms.

The new software will allow people to set their own maximum volume on their iPod, and it will let parents use a combination code to set the volume control for their children’s iPods. The software is available for download here.

Supreme Court Makes It Harder for Investors to Sue

The high court has unanimously decided to made it harder for investors to join forces and file lawsuits against companies.

In essence, the decision “blocks state class-action lawsuits by stockholders who contend they were tricked into holding onto declining shares.” Specifically, the court is saying that

the 1998 Securities Litigation Uniform Standards Act permits suits on behalf of 50 or more investors only by purchasers and sellers of securities, not by people who simply hold investments.

The decision in Merrill Lynch v. Dabit was a big win for Merrill Lynch, which “faced a spate of lawsuits prompted in part by New York Attorney General Eliot Spitzer’s 2002 probe into the investment banking firm’s practices.”

I don’t usually side with Big Business, but I like that it’s now more difficult for disgruntled investors to file frivolous securities class action lawsuits.

Sources: This Bloomberg article and “Court Makes It Harder for Investors to Sue,” by AP writer Gina Holland (3/21/06)

Kmart To Pay $13 Million in Settlement

Kmart will pay millions to plaintiffs who fought so the disabled could have easier access to the Big K:

DENVER — Kmart has agreed to a $13 million settlement of a class-action lawsuit filed over access for disabled shoppers.

It gives the company until 2013 to bring stores nationwide into compliance with federal standards for merchandise, counters, restrooms, fitting rooms and parking lots.

The agreement was filed in federal court in Denver. The lawsuit was brought by three people in 1999.

One of the original plaintiffs said in a statement that the deal “ensures that people with disabilities can shop at Kmart just like anyone else.”

The settlement sets aside $8 million in cash and $5 million in gifts cards. It will be distributed to class-action plaintiffs in California, Colorado, Hawaii, Massachusetts, New York, Oregon and Texas.

California vs. Lead Paint Makers

A California appeals court has turned the tables in a suit against makers of lead-based paint:

A state appeals court in San Jose, Calif. has reinstated a class-action lawsuit alleging that several paint manufacturers knowingly sold harmful lead-based paint products for decades.

The Sixth District Court of Appeal on March 10 reversed a Santa Clara County Superior Court judge’s decision in 2003 to dismiss the lawsuit. The three-judge appeals panel said the lower court ruling was erroneous regarding allegations of public nuisance, liability, negligence and fraud.

The lawsuit was filed by a coalition of cities, counties and school districts that claim they face millions of dollars in costs to remove lead-tainted paint and treat people harmed by exposure. The plaintiffs seek monetary compensation.

The defendants include the Lead Industries Association, Atlantic Richfield Co., American Cyanamid Co., Conagra Grocer Products Co., E.I. DuPont, O’Brien Corp. and Sherwin-Williams Co.

“The California appellate court’s decision comes after a Rhode Island jury ruled last month that three former lead paint manufacturers — Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC — created a public nuisance that continues to poison children.”

Class action suit against IBM has expanded

Spencer Chin of the EETimes reports that the class action against IBM has expanded:

MANHASSET, N.Y. — Attorneys for plaintiffs in the class action lawsuit against International Business Machines Corp. seeking overtime pay announced that the suit has expanded to include state claims in Colorado, Illinois, Minnesota and New Jersey.

The suit already included claims for overtime pay under federal law for all U.S. workers, along with state claims in California and New York.

The growing number of plaintiffs, seeking to represent tens of thousands of current and former technical support workers, alleges that IBM failed to pay overtime wages. Claims under other states’ laws may be added in the future.

IBM employs over 300,000 workers. The proposed class action suit includes tens of thousand of systems administrators, network technicians and other technical staff throughout the U.S.

The complaint, originally filed on January 24th, was amended on March 13th (Monday).