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iPod nano lawsuit will only benefit attorneys

updated 02:05 pm EDT, Thu October 27, 2005

BW on iPod lawsuit

The only real beneficiaries of a over scratched screens on Apple's tiny iPod nano music player may be the attorneys, BusinessWeek said in a report today. The latest legal controversy surrounding Apple began this week as a customer who bought ann iPod nano took it upon himself to file a class action in a U.S. District Court in San Jose, Calif. His complaint: The display on the device tends to scratch easily. Jason Tomczak, the lead plaintiff in the nano case, is alleging that Apple knew about defects to the screen yet didn't recall the affected units, passing on the "expense, hassle, and frustration" of getting a replacement on to consumers. He's represented by Steven Berman, who said, "I'm surprised they don't just own up to it. It seems pretty obvious there's a problem."

by MacNN Staff




  1. whackjob

    Joined: Dec 1969



    It's a BS lawsuit to start with.
    Any product with a high gloss finish will scratch.
    How about a sleeve you dumb a** consumer!

  1. Roehlstation

    Joined: Dec 1969


    No Duh

    I've said that about Class actions for years. In the end the cost will get passed to the consumers, and the lawyers make all the money.

  1. jayparry

    Joined: Dec 1969


    listen class..

    class action lawsuits NEVER benefit consumers. Even if the consumers "win" $5 dollar off coupons on their next purchase we will ultimately have to pay for it in the end with higher product costs, less money for R+D etc. Just drop the suit and get on with your life and save us all time and money. Go buy a CREATIVE player or something.

  1. mpbritt

    Joined: Dec 1969


    There is benefit.

    "class action lawsuits NEVER benefit consumers."

    Yes, they do. The class action lawsuit instigated against GM over the Pinto is an example of a class action lawsuit that worked to benefit the consumer. Also the settlement of the class action lawsuit against airlines for overbooking now requires airlines to give the consumer compensation.

    I'm not saying that all class action lawsuits are equal; there are good lawsuits and dumb lawsuits. I personally think this iPod nano suit falls under the dumb heading. But to say that consumers have never gotten any benefit out of class action lawsuits is simply not true.

  1. cartoonspin

    Joined: Dec 1969


    Pinto was a Ford

    I think the public is fed up with stupid lawsuits.

  1. ScottEllsworth

    Joined: Dec 1969


    This is fixable

    Class action lawsuits can do very well by the consumer, or can be a nightmare of wasted money that benefits nobody. It depends entirely on the merits of the case, the relief sought, and the percentage of the take that goes to the legal team.

    One possible fix: limit the legal fees that lawyers can recieve from a settlement, possibly as a fraction of the payout to the members of the class.

    Another possibility: give the jury the option to declare a lawsuit frivolous as a part of the verdict, and apply substantial penalties to both the plaintiffs _and_ the lawyers representing them.

    Of course, the legal system is what it is because of the laws we have passed. Those laws can be changed, and often are. Thus, to bring about any such result, you must get politicians involved. In the US, make your state and federal representatives aware of how much the current system angers you.


  1. jpellino

    Joined: Dec 1969


    GM over the Pinto?

    You mean Ford, and I believe those were several large personal injury suits and one criminal homocide charge that kicked off over 100 suits. I was a Pinto owner, we got recall retrofits made on DOT orders, but never any class settlement.

  1. EMC

    Joined: Dec 1969


    The lawyers' gotta eat

    You're all taking the wrong side in this. Think of all the lawyers out there. They have to keep food on the table, which isn't easy when you're expected to buy each of your daughters a 3-series bimmer after their deboutant ball. Apple has lots of money, this class action would only throw them back a stock point or two. Think of the little guy, not the giant evil corporation.

  1. jhorvatic

    Joined: Dec 1969


    If he brought it to an

    If he had brought it to an Apple store Apple said they would replace free of charge any bad displays. So his lawsuit is worthless. If he is suing because it scratches then it's his tuff luck. So either way his lawyer is going to lose.

  1. TheBum

    Joined: Dec 1969


    It'll never happen

    The legislatures will never put limits on lawyers for one big reason: most legislators *are* lawyers.

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