Jason Tomczak has written an open letter to the Mac community:
Dear Mac Community:
Hello! My name is Jason Tomczak. Many people around the world rightly know me as a mild-mannered techie, photographer, writer, and nature-lover. I am an Apple fan and have been fortunate enough to use Mac computers and other Apple products since about 1985.
On October 19, 2005, my life changed due to the unauthorized conduct of others. From that date forward, countless numbers of people around the world were driven to hate me and slander my name, sometimes using foul and threatening language.
Since October 19, 2005, my name has been infamously tied to the iPod Nano “Scratch” Class Action law suit filed against Apple.
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.
Full letter here.
[Thanks to MacDailyNews Reader “John” for the heads up.]
MacDailyNews Take: What was pretty fishy before (see related articles below) has now become even fishier with this letter from Tomczak. What do you think?
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Related articles:
Class-action lawsuit filed against Apple over iPod nano scratches – October 21, 2005
Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit – October 25, 2005
Was there a grassy knowl?
Just goes to show, if a lawyer contacts you for any reason, the best response is to have your own lawyer handle all contacts.
Sounds like someone was just looking to make a big name and fast buck…
i know some people in jersey…
Wow! Curiouser and curiouser.
In other news, I ordered a MacBook from the Apple Store on Friday, it was shipped same day from Suzhou China and arrived today, Tuesday.
Talk about JIT product cycles.
You want the truth? You can’t handle the truth!
Holy Crap! That is just plain wrong!!!
And he’s just getting around to make this statement now? What has he been waiting for during the last 7 MONTHS?
If he was wrongly accused of filing a frivolous lawsuit then I would think he’d be a lot speedier with his denial. Especially if he’s getting threatening email or phone calls.
If somebody accused me of, oh I don’t know… loving Dell, then I would certainly pipe up about it.
WOW! That so totally sucks for him!
What is 400 attorneys at the bottom of the sea? Anyone?
Fascinating read. Will be interesting to see how this all turns out.
That’s grassy knoll. (The Spelling Police)
i would consult apple legal. one way to de-rail the lawsuit is to taint it – so the judge will dismiss it. if i was the lead plaintiff in a class action against apple. i would compose a friend-of-the-court brief in defense of apple therefore establishing conflict of interest and corrupting the class action case.
i figure – if you are screwed – go all the way and take down as many as you can.
Man, you gotta feel sorry for the guy. I just don’t understand the whole deal because, well, I have a Nano and it doesn’t seem excessively scratch prone to me. Were there two revisions of the Nano?
Wow. How it is possible that a law firm can use your name in filing court papers without your consent? Based on that alone, a judge — someone please step forward — should fine the law firms using his name without consent, and throw out any court case relating to the iPod nano or Jason T.
They should also have to pay for any of HIS lawyer fees, as well as pain and suffering for him and his family. Mac community — get behind this guy. Send a letter to these discpicable law firms and stop them from continuation of abusing Jason.
Can someone write a quick form letter that everyone can use? I will get the law firm’s email addresses.
Anyone else with me?
Sounds like soemone “the entire mac community” should send hate mail to these lawyers until they drop this thing. You prbably can’t do much business with you internet connection all clogged up with hate mail. That will teach them to mess with Mac users and it’s totally legal to boot. By “hate” I mean we don’t like you email.
“What is 400 attorneys at the bottom of the sea?”
A good start.
rasterbator
All the way mate
This smells of Bill
Addresses for sending letters to dirty lawyers:
David P. Meyer & Associates Co. LPA
The Arena District
401 North Front Street
Suite 350
Columbus, Ohio 43215
Hagens Berman Sobol Shapiro
1301 Fifth Avenue
Suite 2900
Seattle, WA 98101
I’m with you Raster, I would be glad to give those fockers a nudge.
Wow. Just… wow.
I mean, it’s not like I didn’t already consider class-action law firms scum. I know they’re big-money scam artists going after the biggest fish for out-of-court settlements. I know they simply look for any excuse to blackmail and extort companies out of millions that benefit no one but the lawyers.
But even I didn’t realize the lengths, the lows to which these pathetic wastes of space would stoop to make money. It makes the mind reel.
Jason, you have my sincerest well-wishes and sympathy for what will undoubtedly be an unfair, malicious fight. Good luck.
Send support letters to:
Jason Tomczak
c/o Cameron Totten
Sherman & Nathanson
9454 Wilshire Blvd, Suite 820
Beverly Hills, CA 90212
That way his lawyers can handle any mail, good or bad.
If it is true, is certainly seems as thought the origins of the lawsuit should come into question. It also certainly shows what a bunch of slimeballs lawyers are.
One More Thing…
Please be sure to send email to Adam at maccast
Any bloggers out there who want to spread the word, please do so.
He can use his show to get the word out:
maccast@gmail.com
Give Jason a break. Don’t you think he has been pretty busy?
“And he’s just getting around to make this statement now? What has he been waiting for during the last 7 MONTHS?”
If you’ll notice his letter is also signed by his law firm. Timing is everything in legal proceedings and maybe you might consider that they COULDNT say anything about it before. The world isn’t that simple sometimes bro.
“grassy knoll”
I think Apple’s legal team should help the guy out.
If word gets out about this, could be good pr for Apple.
DON’T SEND LETTERS (GOOD OR BAD) TO TOMCZAK’S LAWYER’S FOR CHRIST SAKE!! THEY WILL BILL HIM FOR EVERY LETTER THEY OPEN AND PROCESS RELATING TO HIS CASE. THAT’S HOW ALL LAWYERS RACK UP THE BILL. THE GUY’S HAD ENOUGH UNNECESSARY EXPENSE ALREADY!! IF YOU WANT TO CREATE HAVOC, MAIL THEM TO THE JERKS THAT STARTED ALL OF THIS!
I’ve notified the
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“Was there a grassy knowl?”
It’s KNOLL you idiot!
Remember, Microsoft has close ties with the Seattle law firm.
Oh, 400 Lawyers at the bottom of the sea is not a very good start. It’s at least an order of magnitude too low.
@imagicom
Chill out! Couldn’t the letters be sent to them and left unopened? Do you have a better suggestion other than SHOUTING, ahole?
Well, let’s hope this law firm gets slapped with a multi-million dollar fine like that Weiss Milberg firm that does all of those class-action suits.
BTW, did Weiss Milberg do any Apple suits? They were fined for paying off litigants.
A quick Google search turned up this interesting AP article:
Hagens Berman Sobol Shapiro, LLP Ordered To Pay $10.8M for Violating Duty of Loyalty
March 23, 2006
The Associated Press
A jury ordered a law firm to pay at least $10.8 million for dropping three small bottlers from a dispute with giant Poland Spring Water Co. in order to bring a more lucrative class action suit. The jury unanimously found Wednesday that lawyers from Hagens Berman Sobol Shapiro, a Seattle law firm, violated their duty of loyalty to three small businesses that in 2003 were close to settling a claim with Nestle Waters North America, Poland Spring’s owner.
Jurors will return to federal court next week to consider possible punitive damages.
In its decision Wednesday, the jury awarded Maine companies Glenwood Farms Inc. and Carrabassett Spring Water $3.9 million each, and New York-based Tear of the Clouds $3 million.
“This was not a case of the attorneys taking care of consumers. This was a case of the attorneys grabbing everything they could for themselves,” said Tear of the Clouds co-owner Robert F. Kennedy Jr.
* * * * * * * * *
Gee, they don’t sound like greedy corporate money-grubbing scum at all.
I’ll bet when these greedy lawyers from these class-action lawsuit firms go home at night they’re really proud of themselves and all the “important” legal work they do. I bet they think their wives/husbands and kids are also real proud of them. That’s what’s so pathetic about all of this. They’re just dispicable parasites on our society when they could be using their professional educations to do some good in this world. Screw them all… Good luck Jason, and just know the Mac community is definately behind you. I’ll be keeping up with this one the best I can.
Unethical lawyers = members of a limited species of homo sapiens deserving of summary execution on the spot…
“What was pretty fishy before (see related articles below) has now become even fishier with this letter from Tomczak. What do you think?”
Fishy?
Well, lawyers can be pretty shellfish. Salmon the business think they wave the smaller fry off while looking to net the bigger catch. A whale of a money haul is the porpoise. They don’t work for scale or a quick fin.
I know the history of lawyers, and this smells like a smoke-screen to help this guy get a liable suit against a lawyer so HE makes money this time.
Do not email this guy – he’ll get rich while you get a subpoena!
TC
Fishy?
Who are you, Kip Addotta?
http://www.kipaddotta.com/
The two offending greedy law firms:
info@dmlaws.com, steve@hbsslaw.com
From the biography of Steve Berman, of the firm responsible for the class action lawsuit:
“More recently, Microsoft recognized Mr. Berman’s experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson’s Findings of Fact in the Department of Justice antitrust case against the company.”
Wanted: some investigative journalism. Or a whistleblower at the law firm…
Follow the money. Where has all the money in MP3 player business gone lately? Who might want to stop that with a class action lawsuit intended to take the starch out of the nano launch? C’mon all you Woodwards and Bernsteins out there, start digging…
@Ampar:
Well, lawyers can be pretty shellfish… more good stuff.
Can you believe people are still copying my Tom Cruise comments? I didn’ think it would go this far. I apologize to MDN for these bareback handle smugglers. Move on, people.
Ampar
Maybe they’re suing just for the halibut.
/I’m here all week; try the swordfish…
Puns are stupid.
I would think that these lawyers deserve to by picked up and sent to the front lines in Iraq.
That’ll show them!
Yes, William. The secret is out. Darn.
Nice one, Mac Yak.
Jooop: Yes, they are. Which makes them a perfect fit for the usual MDN audience. We could try some real sophisticated anagrams with obscure alphalaries if you think that will raise the quotient.
Ampar you were way ahead with the shoes/foot thing, but then ya had to try this one.
Take George Costanza’s advice and go out on a high note.
Hey guys, you all know there is no such thing as an honest lawyer. After all, aren’t most politicians lawyers?
Flame On:
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I did my part.
This link leads to law firm site for download of pdf of court filing. A different plaintiff, James M. Wimmer, is named on an 10-25-05 filing.
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http://www.hbsslaw.com/ipod_nano_litigation;jsessionid=aCqj8nk9Njq-
What’s going on?
http://www.hbsslaw.com/frontend?command=Lawsuit&task=viewLawsuitDetail&iLawsuitId=1101
This link leads to the same firms download link for pdf of the Apple iPod Complaint hearing loss issue.
They’re “flow lines”, not scratches.
blucaso
“This was a case of the attorneys grabbing everything they could for themselves”
must have worked for MS at one time….learned a lot
As someone who has been through a deposition, this letter nothing short of BS.
As a general rule, you can’t be forced to attend a deposition more than 100 miles away from your home or place of business. (FRCP 45(c)(3)(A)(ii).) Although it is possible that you may deposed in more distant locales, you can argue that such a distance will cause you undue burden or financial hardship.
Your educational and employment history are the most common topics likely to be covered in background questioning. But the deposing lawyer may also ask you about any other aspects of your background that may be related to the case. For example, assume you witnessed an incident allegedly involing the use of excessive force by the police. At your deposition, the police department’s lawyer may inquire into your experience with police officers (for example, during traffic stops) or your attitudes toward the police department or law enforcement issues generally. These are permissible topics of inquiry because they may reveal information about your attitude toward the parties and the issues in the case. (FRCP 26(b)(1).)
Rule(s) of Thumb
1. Never talk to a lawyer that you haven’t hired.
2. The Police are not your friends
3. Never trust a politician
———————-
MDN MW – “people” – come together
Folks – I think it is important to not send hate mail or nasty communications to the law firms involved in the case. That could just get them all riled up and angry.
It seems like Tomczak wants his name and rep cleared, NOT for others to be targeted with the same hatred that he was subject to. Something to think about…
That said… blucaso; good work finding that article about the seattle firm!
fecalgram.com
Three rules to criminal behavior
1: No witnesses
2: No evidence
3: Keep your mouth shut
I feel badly for the guy. As someone who states they were experienced, he sure made a rube mistake in not having a lawyer represent him or having communications in writing. Ouch…
Drunk Cheney:
“1. Never talk to a lawyer that you haven’t hired.”
I thought it was never shoot a lawyer in the face that you haven’t hired.
macromancer: Thanks, but I just CAN’T STOP! A cry for help?
MW: company, as in what misery loves
While I have no respect for lawyers, I have no more respect for people who stir up this garbage.
Jason Tomczak absolutely deserves this bad press. If Jason didn’t like his iPod Nano getting scratched , he could of bought a protective case for it or not bought it at all. Do you homework before you buy things.
Jason: If you don’t start something, there won’t be nothing.
Buckle up, Jason. IT’S GOING TO BE A LONG AND BUMPY RIDE!!!
This looks like a bunch of out of control ambulance chasers to me. If one were offered, I’d contribute to a legal defense fund to fight the whores.
Instead of sending letters to the lawyers lets get the news out.
Let’s send copies of all of this to the news media (local and national).
The one thing the lawyers can’t stand is scrutiny at the light of day.
Maybe the legislators will pass anti-class action lawsuits if there is enough public pressure and it will turn the tide against the law lobby.
What does everyone think?
“What does everyone think?”
I think “Reality Check” didnt read the letter the guy wrote before he spouted off about how the guy deserves it.
The guy was asked his opinion and didnt ask for a lawsuit dude. Read the letter before you rip on this guy.
macromancer
I did read his letter. He is just trying to divert attention away from him and trying gain your sympathy.
You are just pathetic as Jason, macromancer.
Deep Throat: “Follow the money. Where has all the money in MP3 player business gone lately?”
Ummm…Apple?
Jack: “Hey guys, you all know there is no such thing as an honest lawyer. After all, aren’t most politicians lawyers?”
I think you need to replace your logic board.
Everybody hates lawyers….until they need one.
“Everybody hates lawyers….until they need one.”
Yeah, I had to hold my nose the whole time.
Since the goal of these lawsuits is generally to get a settlement to make the nuisance go away, I would suspect that part of the strategy was to get a drop in the stock value in order to get Apple executives’ attention to generate additional pressure. If so, that would prompt a few questions that perhaps some lawyer could answer:
1. does an attempt to artificially manipulate a stock constitute an SEC violation (prompting a criminal complaint against – and investigation of – the law firms)?
2. did Apple stock in fact drop on the (apparently fraudlent) news?
3. if so, did people in substantial numbers of investors actually suffer loss on the stock drop (i.e. stopped out of a position at a loss that would not have otherwise occured if not for the abuse of process of these law firms)?
4. if so, is there available legal remedy here against the law firms?
5. can these firms be tied up in a fishing expedition to get at the facts (seizure of internal documents, depositions, lengthy drawn-out investigation, anything else a creative lawyer could come up with…)?
Not being a lawyer, I was just curious.
Addenda & Clarification on qestion 2:
“did Apple stock in fact drop on the (apparently fraudlent) news?”
I realize that AAPL closed higher on Oct. 19 & 20. I don’t have the intraday data on the stock or the timing of the news. The question had to do with losses based on intraday volatility caused by the news of the lawsuit.