My guess is while the lawsuit will take a long time to get resolved, Apple will shortly remedy the problem regardless of its outcome.
As a Nano owner, this law suit it intriguing. Yes the scratches are annoying, however I don't know if I considered suing them. Anyways, anyone know how long these things take to resolve? months, years? Also, for those who are buying them now, I have a great tip. Use palm pilot screen protectors, and scratches will not be a problem. They are barely noticeable, and I can carry it in my pocket, drop it, and nothing happens. I wish I knew that the first 2 hours I had it.