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 class members were injured by the alleged anti-competitive conduct”.
Judge Rosenberg ruled that the Iowa Supreme Court already had addressed the issues raised by Microsoft. Rosenberg said the Iowa Supreme Court has ruled that as long as there was a “common nucleus of facts” the plaintiffs group can be broad-based and include different classes of plaintiffs.
The lawsuit is set to go to trial November 13, 2006. Microsoft had recently tried to have plaintiffs’ attorney, Roxanne Conlin, removed from the case. Judge Rosenberg denied that motion as well.
Interested in more about the defense of class actions? Check out the Class Action Defense Blog.