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Microsoft Dodges Class Action For Now
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2009/02/20 17:32
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Microsoft got rid of the class-action status in the Vista Capable lawsuit, but the plaintiffs might retaliate and appeal the recent ruling. Although they had no immediate comments to make after the ruling, one of the partners in the law firm representing the plaintiffs confirmed that they will take action.
Computerworld quoted Jeffrey Tilden, partner in the Seattle law firm Gordon Tilden Thomas & Cordell LLP, as saying: We anticipate further motion practice in the trial court, followed by -- if unsuccessful –an appeal to the Ninth Circuit.
The plaintiffs argued in the court filling that Microsoft was unfair and deceptive in the Vista Capable matter, creating artificial demand, at artificially maintained prices, for PCs that were not Vista ready. Furthermore, consumers paid (more) for the Vista capability, but did not receive the real Vista capability.
A series of emails revealed in court showed how Microsoft representatives were doubtful about tagging some PCs as Vista Capable, as they would deceive consumers. The plaintiffs said consumers bought Vista Capable PCs only to discover that they were able to run just a basic version of the operating system, and were unable to run Vista’s core feature, the Aero interface.
But U.S. District Court Judge Marsha Pechman granted Microsoft the motion for the class decertification of the lawsuit, while also rejecting its demand for summary judgment. This doesn’t absolve Microsoft from coming back to court though, where 6 individual claims are still standing.
Microsoft will still have a hard time proving that consumers have not been deceived when purchasing Vista Capable PCs, but dealing with individual claims is likely to cost them less than it would have under a class-action lawsuit. |
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FBI: Long Island investment firm boss surrenders
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2009/01/26 23:15
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| The owner of a Long Island investment firm accused of cheating people out of more than $100 million is expected to appear in court Tuesday. FBI spokesman Jim Margolin says Nicholas Cosmo surrendered at a U.S. Postal Inspection Service office in Hicksville on Monday night. Cosmo runs Agape World Inc. in Hauppauge (HAW'-pawg). He's accused of taking in $300 million from investors and cheating them out of about $140 million. A letter hanging in Cosmo's office window denies there was any Ponzi scheme, the type of fraud Bernard Madoff (MAY'-dawf) is accused of committing. A Ponzi, or pyramid, scheme promises unusually high returns and pays early investors with money from later investors. Defense attorneys at the Herrick Feinstein law firm haven't returned telephone calls seeking comment. |
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Grocery Wholesaler in Federal Antitrust Action
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2009/01/05 16:48
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The nation's two largest grocery wholesalers, Supervalu and C&S Wholesale, conspired to allocate territories, restrain competition and inflate prices, according to a federal antitrust class action. Gary's Foods claims the defendants competed until 2003, when Vermont-based C&S decided to go after Supervalu territory in the Midwest.
"Rather than extend their competition to the Midwest or continue to compete in New England, the Defendants conspired to allocate territories: Supervalu agreed to
exit New England in return for C&S's commitment not to enter Wisconsin, Iowa, and other states in the Midwest," the complaint states. "This scheme has caused substantial harm to retailers: prices for wholesale sales and services have been inflated, fewer manufacturer discounts have been passed on to retailers, and the supply of wholesale sales and services has been artificially reduced."
The two defendants have combined annual revenue of $28 billion,according to the complaint. Gary's also claims the defendantsfraudulently concealed their conspiracy. Gary's demands treble damagesand punitive damages for the class. It is represented by Daniel Kotchenwith Kotchen & Low of Washington, D.C. |
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Court reinstates clean air rule during EPA fix
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2008/12/24 17:14
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| In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes. In July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind. The court said the EPA overstepped its authority by instituting the rule, citing "more than several fatal flaws" in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program. Judge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it "would sacrifice clear benefits to public health and the environment." The judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an "indefinite stay" of its July ruling. The Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks. |
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