Nano Scratch Suit Plaintiff Wants Out

The lead plaintiff in the iPod Nano scratch lawsuits is now claiming that the suits were not his idea, and had been filed on his behalf without his authorization. In a letter posted to his Web site Monday, Jason Tomczak sought to set the record straight on the now infamous case.

"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," Tomczak wrote.

While he did talk to the firms about his complaints over the Nano product, he never authorized the firms to file a suit on his behalf.

Now that he is trying to back out, Tomczak claims that the law firms are attempting to take legal action against him to keep his name on the suit. Tomczak has hired Cameron Totten of Sherman & Nathanson in Beverly Hills, who filed suit against the other law firms to clear his name.

In turn, the firms invoked the state's Anti-SLAPP (strategic lawsuits against public participation statutes) laws, which protect individuals from complaints filed by companies after an individual practices his right to free speech through litigation.

The firms claim the suit is a free speech action in a legal setting, and that Tomczak is attempting to block those rights by attempting to remove his name. Neither company was commenting to the press on the situation.

"I am hoping to make an attempt to reduce the damage already caused to my good name and to open people's eyes to the fact that I did not approve, endorse, authorize, initiate or promote the lawsuit against Apple," Tomczak wrote.

Tomczak acknowledged that it would likely cost him a great deal of money to fight off the law firms. "It is my sole intent to communicate the truth of what happened so that I can begin to find some peace of mind after the hate, harassment and embarrassment brought about by the misuse of my name in the iPod Nano suit," he said.