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Case ID: 2763 | Technology | 12/27/2004
The parties have reached a tentative $1+ million settlement in a class action filed against Apple Computer, Inc., on behalf of Apple G3 users across the U.S. who alleged that the company's OS X operating system failed to properly support early G3-equipped Mac models even though Apple advertised that the operating system was fully optimized for the G3. The settlement class is defined as "all end user persons or entities within the United States who own or owned Covered Products and who purchased any version of Mac OS X for a Covered Product on or before May 15, 2003." See the settlement website for a full list of Covered Products. Class members will have 120 days to submit a claim once the claims period starts.
The action alleged that Apple violated the California Consumer Legal Remedies Act by failing to support early G3-equipped Mac models: DVD playback, OpenGL-based graphics acceleration and hardware-accelerated QuickTime movie playback were capabilities sacrificed by the earlier Mac models. The settlement covers "Bondi Blue" and "Fruit"-colored tray-loading iMacs, several generations of Power Mac G3, older iBooks, and PowerBook G3s up to and including the "Lombard" series of bronze keyboard-equipped models. The Power Mac G3 all-in-one, introduced in April 1998, is also included. The class is specifically composed of end-users in the United States who own or owned these models, and who purchased Mac OS X on or before May 15, 2003. The settlement will provide two alternatives: owners of older G3 Macs may (1) give up their OS X CD and get a refund for the cost of Mac OS X (up to $129) or (2) if they want to keep their OS X CD, they may opt for a $25 e-coupon for use at the online Apple Store on purchases of Apple-branded hardware or software priced at $99 or more. Users who opt for a full refund will have to sign a certificate stating that they haven't regularly used and don't plan to use Mac OS X on an older G3 Mac. Users will be entitled to multiple refunds if they bought Mac OS X for multiple computers they own. The terms of the agreement require Apple to post a link from its Web site home page, take out ads in a newspaper and magazine announcing the details of the settlement, and send physical mail and e-mail to the last known addresses of registered users who affected by the settlement. Then customers affected by this will be able to stake their claims. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for January 26, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Technology Cases of Interest Several class actions have been filed against health information purveyor NDCHealth Corporation (NYSE: NDC) and certain of its officers and directors by stockholders who purchased the company's common stock between October 1, 2003, and March 31, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. If work needs to be carried out on your land for the public good, you may have to grant the agency that is doing the working an easement, or permanent right-of-way, but you should be paid for it. The parties have reached a tentative settlement apparently valued at $2.64 million in an action filed against AT&T Corporation on behalf of certain persons who own or owned land in Connecticut, through which railroads run and on which AT&T laid fiber optic cable. Claims must be received by March 1, 2004, to be considered valid. Several related class actions have been filed against the major cellular telephone providers Verizon, Cingular Wireless, AT&T, Sprint Corporation and VoiceStream Wireless on behalf of consumers who allege that the companies require them to buy mobile phones that don't work on competing networks, in violation of federal and state antitrust laws. Several class actions have been filed against Spanish-language television production company TV Azteca, S.A. de C.V. (NYSE:TZA) and certain of its officers and directors by stockholders who purchased the company's common stock between October 6, 2003, and January 7, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Unscrupulous venture capitalists can wreck small companies. A class action has been filed against the officers and directors of Internet holding company divine, Inc. (Pink Sheets: DVINQ) by stockholders who acquired the company's common stock in connection of divine’s acquisition of Delano Corporation and eshare Communications in October 2001. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market pursuant to the acquisitions, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages equal to the amount that they invested. Computer data loss because of a failed hard drive can be worse than disastrous. The parties have reached a tentative $42.5 million nationwide settlement in an action filed against Fujitsu Computer Products of America, Inc., Hewlett-Packard Company, and Gateway, Inc. on behalf of consumers who purchased Fujitsu MPG3 series and MPF3 series hard drives.
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