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Case ID: 4702 | Technology | 04/27/2007
A class action lawsuit seeking hundreds of millions of dollars from Microsoft is scheduled to go to trial in November 2006. The lawsuit recently made its way to the Iowa Supreme Court for the third time. If the trial is successful, thousands of Iowans who bought computers loaded with Microsoft programs since 1994 could get some money back.
The Des Moines attorney that filed the case expects a trial of six months or more to be heard by a Polk County jury beginning November 13, 2006. "Our point is that Microsoft, through illegal means, eliminated competitive products, killed innovation and as a result, people are paying more than they would pay in a competitive world for those Microsoft products," she said. "We're saying to Microsoft, give us the money back that you took from us." Microsoft denied that consumers were injured and said that computer users have benefited from the company's efforts to improve its products. The attorney that filed the case states that the amount of money consumers get back if would vary by the amount of equipment purchased, its value and whether it was purchased directly or as part of a software package preloaded onto another manufacturer's computer. In the states that have accepted vouchers, consumers have received in the range of $15 to $35. "Additionally, people need to be saving their receipts," she said. "People will be surprised, if they're computer users, how many Microsoft products they've had in that time frame." "The plaintiffs initiated this action to recoup the overcharges on behalf of all Iowa and purchasers of Microsoft operating systems and applications software," court documents said. 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 The parties have reached a tentative $4.5 million in a consolidated class action filed against former e-commerce business solutions provider Clarus Corporation (Nasdaq:CLRS) and certain of its officers and directors by stockholders who purchased the company's common stock between December 8, 1999, and October 25, 2000. Persons eligible take part in the settlement should contact the attorneys for the class for more information. Several class actions have been filed against Chinese e-commerce company World Information Technology, Inc. (OTC BB:WRLT.PK), and certain of its officers and directors by stockholders who purchased the company's common stock between January 3, 2003, and March 16, 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. Several class actions have been filed against enterprise incentive management software company Callidus Software, Inc., (Nasdaq:CALD) and certain of its officers and directors by stockholders who purchased the company's common stock between November 19, 2003, and June 23, 2004, including those who acquired their shares pursuant to the company’s November 2003 initial public offering. 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. Several class actions have been filed against dental laser system manufacturer Biolase Technology, Inc. (Nasdaq:BLTI), and certain of its officers and directors by stockholders who purchased the company's common stock between October 29, 2003, and July 16, 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. Microsoft has laid yet another antitrust action to rest--there are at least six more to go. The parties reached a tentative $32 million settlement in a class action against Microsoft Corporation alleging that Microsoft violated Kansas' antitrust and unfair competition laws. The proposed settlement benefits consumers and businesses who, between December 10, 1996, and December 31, 2002, resided in Kansas and indirectly purchased certain Microsoft operating system, productivity suite, spreadsheet or word processing software for use in Kansas and not for resale.
Kahn Gauthier Swick is investigating possible legal actions against email marketers who send unsolicited email in violation of the newly-enacted federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act). The act requires unsolicited commercial e-mail messages to be labeled and to include opt-out instructions and the sender's physical address. It prohibits the use of deceptive subject lines and false headers in such messages. Violators may get stiff civil fines and even get prison sentences as criminals. If you have received email that you think may be prohibited by the act and would like a consultation, please forward all information to Kahn Gauthier, including a copy of the spam email. |
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