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Sixth lawsuit filed over Nano scratches

updated 12:50 pm EST, Tue December 27, 2005

Class-action lawsuits

Another disgruntled iPod nano owner has filed a over scratches to her the player, according to The Advocate. Apple is apparently attempting to consolidate this and five other similar lawsuits in California, New York and New Jersey. "Emily Mayo of Baton Rouge is taking one of the world's biggest computer makers to court -- over some scratches. Mayo claims the abrasions have snuffed the life from her iPod nano, and is suing Apple Computer in Baton Rouge federal court, alleging its popular petite digital music player's design is knowingly flawed." The class-action lawsuit claims the Nanos scratch excessively with normal usage, rendering their full-color display screens unreadable.

Mayo, who bought her nano right after they hit the shelves, contends in the lawsuit that she and other Louisiana owners "are now forced to purchase products to protect their nanos from excessive scratching."

Apple's lawyer Penelope Preovolos said the company "denies that the iPod nano scratches excessively absent user abuse. The iPod nano is an extraordinarily popular and successful product and is free of defects."

According to the report, Mayo's lawsuit claims Apple violated the Louisiana Products Liability Act, which protects against the sale of defective merchandise. The suit seeks unspecified damages and legal fees.

by MacNN Staff




  1. recogniser

    Joined: Dec 1969



    ...the level of stupidity that exists in this country. Hey, I have a great idea, let's all get together and sue GM for making cars with defective paint jobs that actually get scratched!

    It's called TAKING CARE OF WHAT YOU OWN. How on Earth can any company be held liable for people scratching their products?

  1. dynsight

    Joined: Dec 1969


    Dumb and Dumber

    I certainly think the Emily Mayo is not the brightest of bulbs. When she bought her iPod, she must have seen many iPod covers/protectors. An associate of mine keeps his ipod in an old children's sock.

    The point is, thinks scratch. My iPod video has a few scrathes, but I but a thin mylar protector over the screen.

    Mayo for brains should have done the same.

  1. DamnDJ

    Joined: Dec 1969


    This American Life

    Southpark said it best. Soon we'll be hearing about the court case of Everyone vs. Everyone.

    Better be careful, Dynsight. She may sue you for calling her Mayo Brains.

  1. Pismo500

    Joined: Dec 1969



    The user also needs to be careful and not abusive... Or it will scratch like almost anything else...

  1. Deal

    Joined: Dec 1969


    What needs to happen...

    What needs to happen in the country is, counter suites for wrongful prosecution.

    Bad publicity resulting in loss of sales and court costs need to be passed on to the prosecuting attorney and the plaintiffs when cases are purely stupid-ic like this.

    Lets see a few lawyers pay millions and a few plaintiffs pay $50 each. That will tone down the number of idiotic court cases against big companies.

  1. ValkRaider

    Joined: Dec 1969



    It is clearly Apple's fault.

    "impossibly Small" without a doubt implies "Impossible to Damage".

  1. eldarkus

    Joined: Dec 1969


    suing VA

    Anyone care to join me in Suing the state of Virginia? I bought a scratch-off lottery ticket when they came out... and now, half of the silver coating is gone from the ticket. I tried to exchange it, but they said that wasn't permitted.

    I can only condone this case if 2 specific facts come to light. 1) Apple knew about the scratching issue and did nothing. 2) the iPod is scratched so bad, that the screen is no longer viewable at all and it happened in normal wear and tear. Is Mayo and the others can prove both, I could at least understand the case...

    But to me, this sounds like negligence on the part of Mayo. That and utter stupidity

  1. Feathers

    Joined: Dec 1969


    Not a lawyer!

    "impossibly Small" without a doubt implies "Impossible to Damage" - valkraider

    On who's planet? Dipshit!

  1. Clive

    Joined: Dec 1969


    Sense of humour?

    Feathers, you need a sense of humour injection, better see your doctor straightaway hurry now, seems like your case could be terminal.

  1. JEB

    Joined: Dec 1969


    Scratches *ARE* lame

    I love the nano / everything Apple . .. .

    Honestly, I was in the Apple Store yesterday, and saw a black nano . . . scratches really stood out; had I been actually buying one, I wouldn't.

    Maybe white is just better. Anyways, 200+ bucks spent means you want to keep in in good condition. If I had a new computer, I couldn't sue for putting magnets next to my hard drive, for example; it's my fault and I damaged it.

    She scratched it. Yeah, 200+ bucks is a lot, but, it isn't made of diamonds, and the "Unreadable display" claim sounds fishy.

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