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Tomczak Speaks Out on iPod Lawsuit [Updated]
Tuesday, May 23rd, 2006 at 3:00 PM - by Jeff Gamet
Last October, a class action lawsuit was filed on behalf of Jason Tomczak against Apple Computer claiming that the iPod nano surface scratches too easily. Now, Mr. Tomczak is offering a public letter claiming the lawsuit was filed without his consent or knowledge.
In the letter, Mr. Tomczak says that the law firm of David P. Meyer & Associates contacted him looking for insight to the nano scratching issue since he had posted comments about his problem on The Unofficial Apple Weblog and The MacCast. He shared his experience with the law firm, and also stated that he did not want to be involved in any legal actions. Later, Hagens Berman Sobol Shapiro LLP, the representative firm for David P. Meyer & Associates, filed the well known class action without an attorney-client agreement.
Mr. Tomczak states "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."
Eventually, he hired his own attorney and filed a a suit against Hagens Berman Sobol Shapiro and David P. Meyer & Associates. Both law firms have since filed counter suits against Mr. Tomczak.
Mr. Tomczak's letter adds an interesting twist to a case that some have been questioning since it began. The possibility of an anti-iPod Microsoft link has even been suggested because of the involvement of Steve Berman, managing partner for Hagens Berman Sobol Shapiro, in Microsoft's antitrust case.
Representatives from Sherman & Nathanson, the law firm representing Mr. Tomczak, confirmed that he did write the letter, and that his intention was to take action to clear his name.
[Thanks to MacDailyNews for pointing out Mr. Tomczak's letter.]
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