The Ninth Circuit Court of Appeals has upheld a 2008 district court ruling, taking the side of Apple in a class action lawsuit over iPod volume, says Reuters. Plaintiffs Joseph Birdsong and Bruce Waggoner earlier argued that iPods present an unreasonable risk of hearing loss, as they can raise their volume up to 115dB, while lacking any volume meters or noise isolation properties. Designing the stock earbuds to be placed deep in the ear canal has only exacerbated the problem, the plaintiffs alleged.