Vista Capable Plaintiffs Seek Express Class-Action Upgrade

John Paczkowski — Fri, 27 Feb 2009 20:37:30 +0000

If you thought the Vista Capable lawsuit was all but over with its recent decertification as a class action, think again. The plaintiffs in the suit against Microsoft have narrowed its scope a bit and are asking a federal judge to reinstate its class-action status. The suit originally applied to all buyers of so-called “Windows Vista Capable” machines. Now, it applies only to those who purchased Windows Vista Capable PCs in Microsoft’s Express Upgrade Guarantee program. “Plaintiffs believe that the analysis as to these narrowed classes, and specifically to the proposed proof of proximate cause, is materially different from the analysis that pertained to the larger class and is consistent with the court’s prior rulings on class-certification issues,” the plaintiffs wrote in a motion requesting certification of a smaller class.

With potentially millions of dollars in compensatory damages at stake here, there’s no way Microsoft (MSFT) will allow the motion to go unchallenged.

The trial is currently set to begin April 13, unless the plaintiffs succeed in having it postponed.

AllThingsD » compensatory damages

Vista Capable Plaintiffs Seek Express Class-Action Upgrade