ipod
10/27/2005, 2:05pm, EDT
Thursday, October 27th
iPod nano lawsuit will only benefit attorneys
The only real beneficiaries of a class action lawsuit 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."
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Any product with a high gloss finish will scratch.
How about a sleeve you dumb ass consumer!
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.
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.
Scott