A federal judge today stripped class-action status from the “Vista Capable” lawsuit that has plagued Microsoft Corp. for nearly two years, but will allow the plaintiffs to continue to sue the company separately.
The split decision does not put an end to the lawsuit, but it will make it much more difficult for consumers to press their cases.
Not surprisingly, Microsoft applauded the news. “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 in an e-mail late Wednesday. “We look forward to presenting our case to the jury, should the plaintiffs elect to pursue their individual claims.”
In a ruling on two motions that Microsoft made in November, U.S. District Court Judge Marsha Pechman granted a motion to decertify the class but denied the company’s motion for summary judgment.
The consumers who brought the original lawsuit, and those who followed as members of the class action, will be free to continue their cases, but they will have to do it individually, not as a group, Pechman said. “Approximately one year ago, this Court certified a class in this matter and allowed Plaintiffs ‘to further develop their price inflation theory,'” Pechman said. “It is now apparent that class treatment is no longer appropriate.”
Later in the ruling, she spelled out what that meant: “Plaintiffs may only pursue their claims individually.”
