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Apple iPod Class Action Expanded

Seeking to Include Purchasers Worldwide (November 07, 2005)

On Friday, November 04, consumers from the United Kingdom and Mexico filed a class-action lawsuit against Apple Computer, Inc. in the United States District Court for the Northern District of California, claiming the new iPod Nano is defectively designed allowing the screen to quickly become scratched with normal use.

According to the complaint the world's largest manufacturer of portable music players knew of the iPod Nano's design flaw but chose to ignore them in an effort to speed the product to market.

According to the suit, 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.

This suit follows a similar class-action case filed on October 19, 2005 against Apple Computers on behalf of iPod Nano users in the United States.

Steve Berman, lead attorney on both cases, attributes the second suit to the large number of international requests to be included in the class-action. "Apple's iPod Nano has sold in record numbers around the world, just as it did in the US," said Berman, "It seems that wherever the Nano is sold, problems with the defective design soon follow."

According to Berman, "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."

Named plaintiff, Ben Jennings of the United Kingdom, purchased a Nano in September and was extremely cautious with the screen.  Despite his efforts to protect the Nano, within a week the screen was so marred with scratches it became hard to read.  "If I had known the truth about the problem, I never would have purchased a Nano," said Jennings.

According to Berman, residents outside the US are able to ask the court for help since Apple is headquartered in the United States

The suit seeks to represent and recover money lost for all those who live outside of the United States who purchased an iPod Nano.

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About Hagens Berman Sobol Shapiro

Hagens Berman Sobol Shapiro is a law firm with offices in Seattle, Cambridge, Los Angeles, and Phoenix. The firm has developed a nationally recognized practice in class-action litigation.  The firm is co-lead counsel in litigation to recover losses from Enron employees' retirement funds and represented Washington and 12 other states in lawsuits against the tobacco industry that resulted in the largest settlement in the history of litigation. The firm also served as counsel in several other high-profile cases including the Washington Public Power Supply litigation, which resulted in a settlement of more than $850 million, and the $92.5 million settlement of The Boeing Company litigation.  Other notable cases include litigation involving the Exxon Valdez oil spill; Louisiana Pacific Siding; Morrison Knudsen; Piper Jaffray; Nordstrom; Boston Chicken; Noah's Bagels; TAP Pharmaceutical's Lupron litigation; and SmithKline Beecham's Paxil Litigation.

About David P. Meyer & Associates

David P. Meyer & Associates Co. LPA is a law firm based in Columbus, Ohio. The firm has developed a nationally recognized practice in consumer class-action litigation. The firm is also active in securities arbitrations, representing individual investors who have fallen victim to misconduct by their stockbrokers and brokerage firms.

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Related Keywords:class-action lawsuit , Apple Computer


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