Judge delays Vista Capable ruling

 

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By Stuart Turton

Posted on 2 Apr 2009 at 10:48

The judge presiding over the Vista Capable scheme has delayed her verdict on reinstating its class action status, claiming she needs more time analyise the "novel arguments."

Judge Marsha Pechman had promised to make a ruling by the end of March, but has now admitted she needs more time, though she offered no indication as to when a ruling might be forthcoming.

"[The] Plaintiffs' motion presents novel arguments that require thorough analysis," says Pechman in her ruling. "Without taking any position on the motion for narrowed class certification, the court believes a continuance is appropriate."

A class-action lawsuit allows multiple plaintiffs to present their cases together, offering individuals access to greater legal resources and more lucrative payouts if the court finds in their favour.

The class action status was removed in February, after district court Judge Marsha Pechman decided the plaintiffs had failed to prove the marketing campaign had artificially inflated the price of the PCs they had purchased.

Plaintiff lawyers are now attempting to have it reinstated under narrower conditions.

The Vista Capable case has been notable for a series of embarrassimg emails between Microsoft and its hardware partners, including one revealing HP's fury at Microsoft's decision to drop the hardware requirements of the scheme.