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Technology Stocks : How high will Microsoft fly?

MSFT 477.19

-0.4%

Jan 12 3:59 PM EST

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To: johnd who wrote (48863)	8/30/2000 1:25:01 PM
From: DiViT	Read Replies (1) of 74651

California judge allows class-action case to proceed against Microsoft SAN FRANCISCO (AP) - A judge allowed the first class-action lawsuit to proceed against Microsoft Corp. (NasdaqNM:MSFT - news) on allegations that the software giant's monopoly harmed California consumers. Dozens of similar lawsuits linger in the United States. In an opinion released late Tuesday, Superior Court Judge Stuart Pollak said an untold number of California consumers could be represented in one trial to determine whether they were forced to pay unreasonably high costs for Microsoft products. He said denying the lawsuit "could result in repetitious litigation." "This case involves a very large number of claimants with relatively small amounts at stake," Pollak said. "Most consumers have little incentive to litigate independently since the costs of litigation undoubtedly would overwhelm their potential recovery." Microsoft spokesman James Cullinan said the Redmond, Wash., company is reviewing the ruling. "This is just one step in a long process in this case," Cullinan said. He declined further comment. Lawyers in the case are scheduled to meet Pollak on Oct. 4 to prepare for a trial. No trial date has been set yet. The products at issue are Microsoft's Windows operating system, its MS-DOS operating system, Word programs and Excel software purchased on or after May 18, 1994. Microsoft urged Pollak on Aug. 4 not to allow the case to proceed because it would be nearly impossible to determine damages. Microsoft lawyer Charles Casper argued that the company markets its products to thousands of companies who resell them at different prices, adding that the judge would have to weigh each consumer's claim on a case-by-case basis. Pollak's decision came three weeks after Microsoft asked a federal judge in Baltimore to dismiss or at least consolidate 62 pending federal and state class-action suits. That action is pending and, so far, none have been able to proceed. The majority of the cases countrywide were filed after U.S. District Court Judge Thomas Penfield Jackson in Washington ruled that the company violated federal antitrust laws. Microsoft is appealing Jackson's ruling and his order to split the software giant into two companies. © The Canadian Press, 2000 ca.dailynews.yahoo.com

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