Robbie Hargett Feb. 11, 2016, 12:25pm


SAN FRANCISCO (Legal Newsline) - A South Dakota man is suing hard drive manufacturer, alleging it has repeatedly failed to sell non-defective hard drives.

Christopher A. Nelson, individually and for all others similarly situated, filed a class action lawsuit Feb. 1 in U.S. District Court for the Northern District of California against Seagate Technology, alleging breach of express and implied warranties, unjust enrichment and violations of consumer protection statutes in California and South Dakota.

The suit states in October 2011, Seagate released its Seagate Barracuda 3 TB hard disk drive and Seagate Backup Plus 3TB external hard disk drive, marketing these drives as innovative, powerful, reliable, and having low failure rates. The complaint alleges in fact, the drives are defective, fail prematurely at very high rates, and do not last nearly as long as comparable devices from other manufacturers or other models manufactured by Seagate.

The suit alleges the drives failed sometimes only days after their first use, and their replacements were also defective and failed at high rates. Consumers who purchased the drives, including Nelson and others in the class, say they lost photos, documents, and other data as a result of the drives' failure.

Nelson and others in the class seek restitution and disgorgement, actual and consequential damages, interests, injunctive relief, attorney fees and costs. They are represented by attorneys Jeff D. Friedman and Steve W. Berman of Hagens Berman Sobol Shapiro LLP in Berkeley, California, and Seattle, and by attorney Marc A. Goldich of Sheller PC in Philadelphia.

U.S. District Court for the Northern District of California Case number 5:16-CV-00523-PSG

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