updated 06:20 pm EST, Mon November 7, 2005
Nano lawsuit expands
Consumers today from the United Kingdom and Mexico on behalf of users in the US, the complaint alleges that Apple knew about the design flaw, but chose to ignore them in order to speed the product to market. The defect is a result of a much thinner layer of resin used in designing the Nano that does not provide adequate protection from scratching, according to the suit.
Steve Berman, lead attorney for both class action lawsuits, said "Apple's iPod nano has sold in record numbers around the world, just as it did in the US. It seems that wherever the Nano is sold, problems with the defective design soon follow."
Berman also stated "the far-reaching response also reveals that this is not just a small problem or a bad batch of Nano's, but a defect in the overall design that should have been rectified prior to the release."
The plaintiff named in the latest lawsuit is Ben Jennings of the United Kingdom, who purchased a Nano in September and was presumably extremely cautious with the screen, which within a week was reportedly "so marred with scratches that it became hard to read." The suit seeks to represent and recover money lost for all those who live outside of the United States who purchased an iPod nano, and residents outside the U.S. are able to ask the court for help because Apple is headquartered in the United States, according to Berman.