CASE SUMMARY
1. On January 9, 2006, a proposed class action lawsuit was launched against Apple Canada Inc. and Apple Computer, Inc. by representative plaintiff Philip Mund of Toronto, Ontario. The lawsuit alleges that Apple negligently designed and manufactured the iPod nano digital music player (the “Nano”) and breached its manufacturer’s warranty.
2. The plaintiff proposes to represent all persons in Canada who purchased a Nano. The Nano is an ultra-slim, flash memory-based digital music player and photo viewer that is capable of storing up to 1000 songs, or three days worth of music, and 25,000 photos depending on the model. Apple currently sells 2GB and 4GB models, available in either black or white.
3. The Nano includes a 1.5” colour liquid crystal display (“LCD”) screen with 176 x 132 pixel resolution and 0.168mm dot pitch that is used to display operational menus and navigational cues used to operate the device.The LCD display is also used to display photographs that a user may transfer to or load on the device for viewing.
4. The lawsuit alleges that the LCD screens are defectively designed and develop scratches under normal use causing the view on the LCD screen to be blurry, obstructed, unreadable, and render the Nano unsuitable for its intended purpose and essentially inoperable.
5. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 800.229.5323.
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IMPORTANT NOTE
This website has been developed to provide general information to potential class members on a class action that has been commenced concerning the iPod nano digital music player.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Sutts, Strosberg LLP. The court will ultimately decide who will be included as a class member.
This website will be updated from time to time to provide potential class members with information as it becomes available.