Post Process

Everything to do with E-discovery & ESI

Microsoft Seeks Delay in Discovery Process on Vista Trial

Posted by rjbiii on March 10, 2008

From the Article in Computer World:

Microsoft Corp. on Friday asked that a lawsuit claiming it duped consumers in a Windows Vista marketing program be suspended while the company appeals a judge’s decision to grant the case class-action status.

If granted, the motion would also postpone any new disclosures of potentially embarrassing company e-mails. Last month, the release of similar documents showed that top-level company executives struggled with the new operating system on machines labeled “Vista Capable,” and that partners such as Dell Inc. warned Microsoft that the campaign would confuse consumers.

Microsoft is challenging two aspects of the case. First, they challenged the trial court’s decision basing class-action status on a Washington state law. They also questioned the court’s approval of plaintiff’s theory of harm, called “price inflation,” whereby Microsoft’s actions resulted in increased demand, and price, of systems running a basic version of Vista. Microsoft’s argument is basically that if their appeal is successful, all the expenses and disruptions associated with discovery are or naught.

[HT: Slashdot]

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