Wednesday, May 24, 2006


The scratchabilty or otherwise of the first iPod Nano screens is to be tested in court - a class action suit is being pursued in the US on behalf of those who bought one.

However, the man in whose name the lawsuit was supposedly initiated, Jason Tomczak, has posted an open letter on his website in which he claims he never sought to bring a legal action:

The truth is that I never sought out nor did I ever hire David P. Meyer & Associates or Hagens Berman Sobol Shapiro to represent me in any case, much less the iPod Nano Class Action suit.

The iPod Nano Class Action law suit was initiated by David P. Meyer & Associates Co. LPA of Columbus, Ohio and their representative firm, Hagens Berman Sobol Shapiro LLP of Seattle, Washington and filed on October 19, 2005.

David P. Meyer & Associates contacted me, soliciting my opinions and comments about the scratching of my iPod Nano after finding Nano-related blog posts I'd written on my own website, on The Unofficial Apple Weblog and on The MacCast. They informed me that they had received an "overwhelming number of complaints" about the Nano and that they wanted my "insight into the problem". Yes, I answered their communication and told them that I had problems with my iPod Nano, however I clearly told them that they should do their own professional and technological study of the iPod Nano.

I emphasized that I did not have any access to any specific data about the materials used in making the iPod Nano. David P. Meyer & Associates used my personal comments and opinions as the basis of the iPod Nano suit. To my knowledge, there was no actual technical study done on the iPod Nano before the Class Action suit was filed.

Additionally, I told David P. Meyer & Associates that I wanted to remain private, and that my wish for privacy, among other considerations, would preclude me from getting involved in the case.

The senior partner of David P. Meyer & Associates and one of his representatives called me during the afternoon of October 21, 2005 to urgently request my signature on an attorney-client agreement - two days after the Class Action suit was filed; two days after they began their action against Apple; two days after the press had begun running the story. They then warned me that my family, friends, clients and I should expect to hear from the media and others interested in the iPod Nano Class Action suit.

During that phone call to me, David P. Meyer and his associate blamed the faulty Nano filing on Hagens Berman Sobol Shapiro.

Tomczak has found the legal companies less than gracious - they're now suing him:

The defense teams filed "demurrers" against my filings which state, in short, that David P. Meyer & Associates and Hagens Berman Sobol Shapiro did, in fact, mistakenly file the iPod Nano Class Action suit with my name, but they claim that they legally had a privilege to mistakenly file documents in my name without culpability or recourse.

Obviously, it should be stressed that this is sourced solely from Tomczak's website, and only provides one side of the story. But it's a strange development indeed.