Hope Steve enjoys the extra business he'll get. If MS uses him, I'm sure he's a pretty good lawyer.
Well, good as in good at being a lawyer, not good as in the good and evil sense /obligatory lawyer joke
Here's why this suit is should get tossed out of court (if not in the corrupt LA courts, then at a higher level). This pamphlet or one like it has been included with *EVERY* iPod ever made; this is the one I got with my first generation 5GB in 2001.

Note the second heading in bold print: "Avoid Hearing Damage". This idiot is playing lawsuit lotto, possibly with M$ backing. "Too stupid to read the *very clearly written* manual? Sue!"
It's not even a "common-sense" issue - Apple clearly puts warnings out where people who buy iPods should reasonably be able to read them. When I opened the manual/CD packet, that pamphlet (Apple 034-2089-A) was the *first* thing I saw.