Opening statements in the Iowa consumer class action case against Microsoft begin November 30, 2006. Several readers each day have been hitting this blog reading posts relating to the case. To make it easier for readers I have added a Microsoft Iowa Litigation category on the right side of the blog. This should make it
Events
Iowa Microsoft Case Update
By Rush Nigut on
When you go to court you are putting your fate into the hands of twelve people who weren’t smart enough to get out of jury duty. – Comedian Norm Crosby
The jury in the Iowa consumer class action case against Microsoft has been picked. (Of course, these jurors should be commended for their service…
California Case Provides Immunity for the Online Content of Others
By Rush Nigut on
The Technology and Marketing Blog has an interesting analysis of the Barrett vs. Rosenthal case handed down by the California Supreme Court on November 20, 2006. In its ruling, the court decided whether "distributors" of content have immunity under 47 USC 230 for Internet publications.
A major point in the analysis:
No one is
…
Law Blogs, Laptops and Burritos
By Rush Nigut on
Last week was a momentous week as Brett Trout and I concluded the first ever full-day CLE devoted to lawyer blogging in the country through LAWpportunities. We were fortunate to have been joined by blogging experts Mike Sansone and Sandy Renshaw. Mike delighted the crowd with his tutorial on RSS feeds. Any lawyer…
Iowa Consumer Case Against Microsoft Begins Tomorrow
By Rush Nigut on
The Iowa consumer class action case against Microsoft begins tomorrow, November 13, 2006. It is anticipated it may take weeks to pick the jury and the trial itself could take several months. The jurors will be expected to complete a 31-page survey before the questions even begin. Surveys are often used by Plaintiffs’ attorney, Roxanne…
Think Twice Before Deleting Electronic Records
By Rush Nigut on
A $1.888 million dollar judgment in favor of a Delaware bankruptcy trustee stresses the importance of careful consideration before deleting electronic records from your company’s computer system. In the case of In re Quintus Corp., 2006 WL 3072982 (Bankr.D.Del.Oct. 27, 2006), the Bankruptcy Court of the Delaware District imposed a penalty of summary judgment against…
Nigut and Trout Spreading the Gospel of Lawyer Blogs
By Rush Nigut on
Rush Nigut and Des Moines patent attorney Brett Trout are featured in an article this week in the Des Moines Business Record for their upcoming YBlawg seminar. According to LexBlog’s Kevin O’Keefe, the seminar is believed to be the first full-day CLE devoted to lawyer blogging in the country.
The location of the…
Judge’s Throws Out Loss of Innovation Theory in Microsoft Case
By Rush Nigut on
In pre-trial rulings, Polk County District Court Judge Scott Rosenberg has thrown out the "loss of innovation" damage claim alleged against Microsoft . Plaintiffs’ counsel, Roxanne Conlin, had alleged that Microsoft’s market dominance prevented other software companies from developing products that competed with Microsoft’s web browser Internet Explorer and other Microsoft products.
The Judge sided…
The Race for Iowa Governor: Culver and Nussle
By Rush Nigut on
Next Tuesday we will elect a new Governor in Iowa. Will it be Chet Culver or Jim Nussle?
Be sure to check out both sites and examine their positions on Iowa business. Culver’s site includes a 10 point plan to promote Iowa small business, entrepreneurs and access to capital. Nussle’s site includes a plan…
Judge Delivers Another Blow to Microsoft in Iowa Consumer Case
By Rush Nigut on
Judge Scott Rosenberg delivered yet another blow to Microsoft in the Iowa consumer case when he refused to limit the size of the Iowa class-action lawsuit. Microsoft had argued the interests of volume buyers were not the same as consumers who made individual purchases. Microsoft also argued that the plaintiffs could not show "that all…