Lawyers to appeal Vista Capable ruling, Microsoft not off the hook yet ~ Random Tech Stuff

Chicago (IL) - US District Court Judge Marsha Pechman ruled on Wednesday there was no evidence for plurality in the "Vista Capable" case. The attorneys representing class action consumers suing Microsoft state now they will appeal the ruling which stripped them of class-action status.

"We anticipate further motion practice in the trial court, followed by -- if unsuccessful -- an appeal to the Ninth Circuit," said Jeffrey Tilden, a partner in the Seattle law firm Gordon Tilden Thomas & Cordell LLP, when asked by ComputerWorld whether his team would proceed with the case.

The appeal would be heard by the Ninth Circuit U.S. Court of Appeals, which hears any appeal cases coming from California, Oregon, Washington, and six other states.

The original lawsuit was brought by Dianne Kelly who purchased a PC described as "Vista Capable" in November 2006, right before the new operating system hit the market. And while Judge Pechman's decision regarding the class-action status does not end the case, it means each plaintiff would have to sue Microsoft separately, making it impossible for individuals to jump on the lawsuit bandwagon without hiring their own attorneys. As of right now, there are six plaintiffs alleging they represent many millions of duped consumers, at a cost to consumers of nearly $8.52 billion.

Microsoft was, of course, extremely satisfied with the decision. "We're pleased that the court granted our motion to decertify the class, leaving only the claims of six individuals," said Microsoft spokesman David Bowermaster to ComputerWorld in an e-mail late yesterday.

If the attorneys make the decision to appeal the ruling by Judge Pechman, it won't be the first time the case has made its way to the Ninth Circuit. In March, Microsoft appealed the judge's decision to give the case a class action designation. And in April, the Ninth Circuit rejected Microsoft's request to have Pechman's ruling overturned.

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