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Technology Stocks : All About Sun Microsystems
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To: Marvin Mansky who wrote (29836)4/1/2000 6:59:00 PM
From: SteveC  Read Replies (1) of 64865
 
No, the findings of fact only allowed an attorney in another case to use them as a good faith basis for filing a lawsuit. Under the theory of res judicata the entry of a final judgment means that all findings of fact necessary to support that judgment can be used against the party that the judgment was issued. Therefore, if the judge enter a judgment that MSFT violated antitrust laws, all findings of fact against MSFT as presumed correct in any other legal proceeding. Thus, in the private actions, the plaintiffs have a free ride on the question of liability. The only issue becomes one of damages. This is true even if MSFT has an appeal pending in the first case. MSFT, of course, would be able to appeal in the private antitrust actions also, but would still in the meantime be exposed to massive judgments in those actions.
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