I wish you get a new one, but I don't think so, check other posts about this issue, the ipods had been returned to the customers saying that there's nothing wrong with them.....
BTW I experienced the same problem, but since I found this post two weeks ago I've been following the instructions sugested and now before turnning off my Ipod, first I exit from "Cover Flow" menu, then make sure the Hard Disc has sttoped spinning, and then turn it off.... and my battery life is a lot better now.... I know this is not a solution but it helps until apple releases a better software version which fixes this issue....!!!!!