In what must rank as one of the more frivolous of the many lawsuits brought against Apple, a Florida lawyer has filed a class-action lawsuit against Apple for charging him an extra dollar for an HD movie which he rented from  the iTunes Store in 2010 using a non-HD device (presumably an iPhone 3 or 3GS), reports TUAW.

Yes, you read that right: the plaintiff, Scott J. Weiselberg, is taking Apple to court because he paid $4.99 to rent an HD movie when he should have paid $3.99 for the SD version that was actually delivered to his phone. At the time, the iTunes Store automatically detected that the device couldn’t display HD content, so delivered the SD version instead, but without refunding the extra dollar. (The store now has a warning about this when you place the order.)

The lawsuit is doubly silly as Apple allows you to watch rented content on more than one device, so it would be perfectly possible to rent a movie on an SD device in order to later watch it on an HD device.

You can see the lawsuit in all its glory here.