RSSNano Scratch Suit Plaintiff Wants Out
By Ed Oswald | Published May 25, 2006, 2:20 PM
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.
The Wizards of Technology was arguable the first reviewer of the nano to bring up the nano screen scratch issues, but in doing so, we wanted users to be careful with their screens. It is a scratchable surface, and at that screen size and resolution, a scratch can be annoying.
Common-sense would indicate that you need to take care of the screen, but how many teens had never figured that a nano in their pocket might break if their pocket was hit or has a weight on it...gee.
Now the lawyers come in, looking to capitalize on Apple's deep pockets, when really all consumers wanted was a protector. Cottage industries around the iPod line took care of that in a flash...and the issue is no longer an issue at all.
I would welcome your perspectives on the air...as I am as sick of this one as I am of the McDonald's hot coffee case.
Join me at http://www.wizardsoftechnology.com and let me know what you think.
Best regards,
Marc Asturias- "Mister Marc"
Wizards of Technology
Score: 0
|Any plastics or metals that are polished to a nice shine will get scratches no matter what. I'm sure that 90% of people that complain about the scratches on their Nano's put it in their pockets with their keys. And the other 10% that really take of there stuff. Don't complain because they know that it will eventually get scratches.
And if a lawyer ever calls you asking questions and/or your opinion on something, just hang up!
Score: 0
|Sounds like 'Karma' to me.
I have the black Nano, got it the second day it was out. It scratches, however, my black phone also has scratches, my car as scratches, heck my 'metal' class ring has scratches along with the stone. The Nano is freakin' plastic people! Sorry if I don't feel all that sympathetic.
Score: 0
|This has nothing to do with Apple, or the Nano, guys.
This is 100% about unethical lawfirms crawling the net in search of possible class-action lawsuits, and the effects this can have on individuals lives.
They heard all the fuss about the Nano, they skimmed for a blog that was quite active on the topic, and took it to court.
They called the guy once. He *told* them he was not interested. He *never* signed anything.
They now stand to *lose* their case becuase of their ineptitude and boundless greed, so they are now undergoing a massive attempt to cover their asses by slapping this guy into a holding pattern until he runs out of money.
They're trying to take Apple for all they can get on a lame suit. Now that this guy's trying to stand up for himself, they're gonna try and get him too.
Yeah. Nice bunch of folks there. They should all be disbarred.
Score: 0
|"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,"
So, what really happened was? They just happened to see you jogging down the road in front of their house with white earbud wires coming from your pocked and stopped you to see if they could use your name in a lawsuit? -Riiiight. Instead of ambulance chasers they are Ipod chasers now? Dont get me wrong, lawers are, for the most part, just out to make money (there are some good ones) but the guy needs to take responcibility for his actions.
Score: 0
|Dude...
A little context:
He ran a rather popular Mac blog (Which he has since had to shut down due to the negative publicity). He had also posted many comments concerning the issue on many other blogs.
No, they didn't see him jogging, they saw his blog.
Big difference, and they're not ambulance chasers, they'll jump on *anything* that could be culled into a class-action lawsuit.
It is their bread and butter, after all.
Relevant text from the Open Letter he wrote to the Apple community:
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.
Score: 0
|So, if at the time they solicited for his opinions, if he didnt want to be involved thats when you say "No". Think of it kind of like a door to door salesmen selling a vacuum. When he comes to the door, if you arent interested you say "No". Now if you let him in and he shows you how it works, you say you really like it and sign the paper to purchase one...then when he comes to deliver the vacuum you make a big fuss about not wanting it and not being the one who asked to buy a vacuum..its kinda like saying you didnt ask to be represented.
Not that I dont respect you POV, I am just expressing how I see it.
Score: 0
|So, if at the time they solicited for his opinions, if he didnt want to be involved thats when you say "No".
Rread the link I posted below.
He did tell them no. When they first called him.
They simply didn't listen, and now they are making him pay for their greed.
Score: 0
|I put my nano in a case (made by belkin, recomended on Apples web site) and it is still scratched and pock-marked, even though it never left the case. But I dont really care. STOP LAME LAWSUITS. all they do is harm americans. What, you want your $200 back? get over it.
Score: 0
|Amazing how the way in which an article is written can affect the response from the users.
90% of the comments here, where the article seems to bias against the plaintiff, the comments revolve around what a loser the guy is.
On another site, where the slant leaned more towards the underhanded and money-grubbing tactics of a less-than trustworthy lawfirm, the comments generally revolve about what you call it when all the lawyers are buried up to their necks in sand. (Not enough sand; donation thread immediately follows)
For an alternate take on this, see:
http://apple.slashdot.or....pl?sid=06/05/24/200238
Score: 0
|Loser.
Score: 0
|What a pud.
Score: 0
|yea right reminds me of Barry Bonds saga. "I didn't know I was taking steroids honest".
Score: 0
|My cell phone which I carry with me 24/7 is about a year old does not have on one scratch on it. Simply because never put it in my pocket with my change and keys or on a hard surface without a hanky or something. And I'm 100% sure that's what all did retards did to scratch the damn thing. This moron deserves jail time just for going to a lawyer to about a scratch. If I sued every time something I owned got scratched I'd be a multi millionaire. But sadly I live in something we call reality.
Score: 0
|"This moron deserves jail time just for going to a lawyer to about a scratch."
Too bad your reality doesn't let you read articles you comment against. LOL
Score: 0
|Dude, I always read the articles. Did you read it?
"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."
He talked to Meyer & Associates and Hagens Berman Sobol Shapiro that's enough for me to sentence him to life. If I have a complaint I would go to the company that made the product not a law firm or in his case two law firms. What did he expect, lawyers make money from lawsuits. It's not like they just picked his name out of a hat. But lets say they did, his name wouldn't have been in that hat if he hadn't talked to them in the first place. This guy is just a ****ing retard.
So I stand by original comment. If I have to go down, I'm going down fighting baby!!! Power to the people!!! LOL
Score: 0
|"The truth is that I never sought out nor did I ever hire"
They came to him, and he answered a couple of questions. They twisted it into something completely different.
"I always read the articles"
Well, you don't comprehend them.
Score: 0
|But.. they called HIM.. he didn't call THEM. If a lawyer calls you, do you say "You're a lawyer, I dont deal with your kind" and hang up?.
What your saying would fly if he called them. He just happened to be running a popular Mac blog, and had commented on his blog about scratches on his Nano.
Score: 0
|I'd suggest he goes directly to Apple's law department for help.
Score: 0
|sounds like the mafia
"once you're in, you're in for life"
feel sorry for the guy though, has to hire goons to fight off his previously hired goons.
lol
i've got a nano, it's full of scratches, but that's what i expect when it gets tossed around. i've got a psp too, it hasn't got any scratches, but i take care of it. point is, if you don't want it scratched, take care of it.
moron's
Score: 0
|ha! Where were you when this story broke? There were many people on here, that blamed Apple for their "inferior" product..
I said the same thing you said.. its not Apple's fault you can't protect your iPod. That is just lame.
Score: 0
|I completely agree with RJIP and the man
Score: 0
|Oh come on...My daughter had a nano that was scratched pretty badly with just typical use. My ibook has lots of scratches with just typical use. I didn't make a fuss, but wondered if I should have. The situation was made moot when after a year I was given a new nano because the battery wouldn't charge. It went immediately into a case, there were no cases for nanos when the first one was purchased.
Score: 0
|