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5 Aug, 2008 1:00 pm by Kimberly A. Kralowec
I'm still catching up with some of the decisions handed down while my blog was on hiatus in June. In Fiser v. Dell Computer Corp., ___ S.W.3d ___ (N.M. Jun. 27, 2008), the New Mexico Supreme Court refused to enforce a class action ban in an arbitration clause in a consumer contract: We hold that, in the context of small consumer claims that would be prohibitively costly to bring on ...
The UCL Practitioner - http://www.uclpractitioner.com/
7 Jul, 2008 11:50 am by Michael J. Hassen
/**/ Trial Court Order in Unfair Business Practice Class Action Against Dell Granting Defense Motion to Stay Class Action and Compel Plaintiff to Arbitration his Individual ... filed a putative class action lawsuit in New Mexico state court against Dell Computer alleging inter alia violations of the state's unfair business practices ... and false advertising; the class action alleged that Dell "systematically misrepresents the memory size of its computers." Fiser v. Dell Computer Corp., ___ P.3d ___ (N. ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
3 Nov, 2006 1:24 pm
... never compromise these standards and we will never ask any member of the Dell team to do so either. We owe this to our customers, suppliers, shareholders ... leading consumer attorneys have just settled a nationwide class action requiring Dell computer and its financial affiliates to fix their sales practices and refund ... worked on the case. "This settlement will provide substantial benefits to past, current, and future Dell customers," said Steven A. Skalet of Mehri & Skalet, PLLC, in Washington, D ...
TortDeform - http://www.tortdeform.com/
10 May, 2007 5:50 am by Michael J. Hassen
... arbitration clause. Plaintiffs propose to litigate a class action on behalf of purchasers of Dell notebook computers alleging that they were "manufactured with three defects - inadequate cooling systems, ... valid and enforceable under § 2 of the FAA." Id., at 1022 (citing Chiron Corp. v. Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 ... common law, intentional tort and equitable claims) between customer and Dell.'" Id., at 1025-26. The federal court held that the claims raised in the class action ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
24 Mar, 2007 9:26 am by Marcia Oddi
... of work. Now imagine wiping out a disk drive containing information for an account worth $38 billion. That is what happened to a computer technician reformatting a disk drive at the Alaska Department of Revenue. While doing routine maintenance work, the technician accidentally ... - more from the story: Over the next few days, as the department, the division and consultants from Microsoft Corp. and Dell Inc. labored to retrieve the data, it became obvious the worst-case scenario was at hand. Nine ...
The Indiana Law Blog - http://indianalawblog.com/
28 Jul 3:00 am by Victoria VanBuren
... without engaging in strained academic application of the doctrine of consideration. Fiser v. Dell Computer Corp., ___ P.3d ___ (N.M. June 27, 2008). ... point the court emphasized in Feeney is the class action's deterrent effect: "Permitting Dell to prohibit class actions against it through its contracts with its customers would . . . undermines the public ... c]lass arbitration is a swiftly growing phenomenon'"); McKee v. AT&T Corp., 164 Wash. 2d 372, 395 (2008) ("Class actions are often arbitrated ...
Disputing - http://www.karlbayer.com/blog
22 Jul, 2007 8:26 am by David Cheifetz
Over on The Court we're having a tiff about aspects of Dell Computer Corp. v. Union des consommateurs, 2007 SCC 34 that touch on the technology focus of this forum. It involves ... price of $89 rather than $379 for the Axim X5 300‑MHz handheld computer and a price of $118 rather than $549 for the Axim X5 400‑MHz ... were advertised listed the correct prices, however. On April 5, on being informed of the errors, Dell blocked access to the erroneous order pages through the usual address, although the pages ...
Slaw - http://www.slaw.ca
13 Jul 2:50 pm
... Court had used a balancing test, it may not have changed the outcome in Kaufman, but it would have changed the analysis. Just days later, in Tulip Computers Int'l v. Dell Computer Corp., 2002 WL 818061 (Apr. 30, 2002), the Delaware District Court approves ... . Tulip proposed running mutually agreed upon search terms to identify responsive emails then allow Dell to review for privilege and confidentiality. The Court found that "the procedure that Tulip has suggested for the discovery ...
Delaware eDiscovery Report - http://www.delawareediscovery.com/
... declaratory relief nevertheless predominated. Id. at 1187-88. In Allison v. Citgo Petroleum Corp., 151 F.3d 402 (5th Cir. 1998), by contrast, the Fifth Circuit upheld ... need not engage in choice of law analysis at the class certification stage. In General Motors Corp. v. Bryant, 374 Ark. 38 (2008), the court affirmed the certification of a nationwide class ... disapprove class action waivers in contractual arbitration provisions. See Fiser v. Dell Computer Corp., 188 P.3d 1215 (N.M. 2008); Tillman v. ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
16 Sep, 2007 3:14 pm by legalthing
... of computing that many disputes have arisen in connection with standards in the IT industry - In the Matter of Dell Computer Corp. (computer bus), In the Matter of Rambus, Inc. (computer memory), Broadcom Corporation v. Qualcomm, Inc. (cellular telephony) - are ... of litigation that results under many FRAND policies. VITA , a SSO creating standards for real time modular embedded computing systems, and the IEEE are examples of organizations that have both adopted policies in support of the ex ante ...
the legal thing... - http://blogs.sun.com/dillon/
30 Aug, 2006 8:04 am by Christine Hurt
... the only approach I know of that has a hope of making a significant dent in Internet gambling." Well, just because it's the only plan that could work doesn't mean that it's a feasible plan. It may be as infeasible as placing liability on Dell Computer Corp. (or AOL or Google or the manufacturer of your couch) anytime a user of the computer (or AOL or Google or the couch) accesses an online gambling site.
Conglomerate - http://www.theconglomerate.org/
26 Aug, 2008 8:45 pm by Jeff Sovern
... and Regulation Z. In other areas, the supplement includes as a principal case the recent New Mexico Supreme Court decision in Fiser v. Dell Computer Corp. (Deepak blogged about it here), as well as references to other recent consumer law court decisions and developments. And, of course, the supplement contains most of the material that appeared in the 2007 supplement, including the Supreme Court's Safeco decision. As ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
7 Nov, 2007 5:34 am
... I notice perhaps the first troll case filed by Altitude Capital Partners. Note that in September, Computer Acceleration (Acacia) filed one lawsuit against 7 defendants. This month, Judge Clark ... Texas. 119) Saxon Innovations, LLC v. Nokia (2 entities), High Tech Computer Corp., LG (2 entities), Nintendo (2 entities), Palm, Research in Motion (2 ... . v. Acer (2 entities), Apple, Atheros, Best Buy, Broadcom, Circuit City, Dell, Gateway, HP, Intel, Lenovo (2 entities), Marvell, Sony (4 entities), and ...
Patent Troll Tracker - http://trolltracker.blogspot.com/
22 Mar, 2008 2:00 am
... Class 46), (Ars Technica), UK High Court overturns UKIPO decision to refuse computer program patent application in Symbian's Patent Application, UKIPO announces it will appeal ... Inc v Soyuz-Victan USA, LLC: (Chicago IP Litigation Blog), Dell - Dell fails to invalidate Mass Engineered Designs' patent relating to multiscreen display ... Law Blog), Finjan - Finjan awarded $9 million upon finding that Secure Computing Corp willfully infringed three web antivirus patents: (IP Law360), Guatanamera Cigars ...
IP Thinktank - http://duncanbucknell.com/blog
30 Aug 6:15 pm
... memory devices following complaint from BTG against Samsung, Apple, ASUStek, ASUS Computer, Dell, Levono and others (ITC 337 Law Blog) Finjan gets ... following finding of wilful patent infringement: Finjan Software Ltd v Secure Computing Corp (The IP Factor) Nintendo - Nintendo settles patent suit with Hillcrest (Washington ... damages to criminal sentences (Public Knowledge) US government employee training on safe computing practices suggests all music downloads illegal (Ars Technica) Superheroes have ...
IP Thinktank - http://duncanbucknell.com/blog
3 Apr 6:44 pm
... web patent dispute (Law360) US Patents - Lawsuits and strategic steps Asustek Computer - Asustek hit with sanctions for allegedly destroying evidence in patent infringement suit brought by ... ) PACid Group - PACid files suit against 19 defendants including Apple, Dell, Gateway over patents relating to encryption technology (Law360) Saxon Innovations - ITC ... (ITC 337 Law Blog) Saxon Innovations - Saxon settles suit against High Tech Computer Corp over four patents covering wireless communications and ...
IP Thinktank - http://duncanbucknell.com/blog
19 May 12:33 pm by Gabriel Mejia, Esq.
... batteries found in various models of HP and Compaq laptop computers pose a risk of serious burn injuries and property damage. The company, in conjunction with the U.S. ... ,000 laptop battery packs manufactured by Sony Energy Devices Corp. and included with HP, Toshiba and Dell computers worldwide were recalled because of their potential ... ,000 defective laptop batteries found in Lenovo and IBM ThinkPad notebook computers worldwide were recalled because of their potential to overheat and cause burn ...
Florida Injury Lawyer Blog - http://www.flainjurylawyerblog.com/
28 Mar, 2008 6:00 am
... Court of The Hague comes to intermediary decision in CTM infringement case Wrangler Apparel Corp v Sarl Dogg Label concerning jeans labels: (Class 46) Spain ... granted summary judgment of noninfringement, upheld on appeal in patent case Computer Docking Station Corp v Dell, Gateway and Toshiba: (Patent Prospector), (IP Updates ... Tooling Systems International - CAFC dismisses TSI's allegations against UGS Corp regarding actions taken in Poland to enforce software licences, for lack of jurisdiction: (IP ...
IP Thinktank - http://duncanbucknell.com/blog
11 Sep 6:31 pm
... and Microsoft were wildly divergent. Based on the evidence of record, Microsoft (and Dell) sold approximately 110 million units of the three software products capable of practicing the ... F.3d 1370, 1381 (Fed. Cir. 2003); Kearns v. Chrysler Corp., 32 F.3d 1541, 1551 (Fed. Cir 1994). Two alternative ... real-world licensing negotiations. As shown by the evidence in this case, companies in the high-tech computer industry often strike licensing deals in which the amount paid for a particular technology ...
Patent Prospector - http://www.patenthawk.com/blog/
8 Dec, 2007 11:00 am
... with Deference, USPTO misinterprets its own rules: (Patently'O), (Patent Prospector), Congresses copyright reform: seize computers, boost penalties, spend money: (ArsTechnica), Patent reform faces uphill battle in Senate - in the new ... and Netflix. settled patent infringement suit by Constellation covering a system used to display information on Web sites: (IPLaw360), Dell has filed suit against a group of domain registrars, alleging that the companies colluded in infringing Dell's trademarks and ...
IP Thinktank - http://duncanbucknell.com/blog
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