Comments on: Jim Hood announces $40M settlement of Microsoft antitrust claim http://nmisscommentor.com/law/jim-hood-announces-40m-settlement-of-microsoft-antitrust-claim/ A blog from the hills in North Mississippi Tue, 07 Feb 2012 17:24:06 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Hayduke http://nmisscommentor.com/law/jim-hood-announces-40m-settlement-of-microsoft-antitrust-claim/comment-page-1/#comment-5455 Hayduke Sat, 13 Jun 2009 16:28:08 +0000 http://nmisscommentor.com/?p=2122#comment-5455 It would be an interesting experiment for you guys to file your antitrust case against Microsoft to recover your unascertained individual damages for monopolistic behavior. Millions of dollars in case expenses later, you would get your $200 as opposed to $60. A good old-fashioned lawyer like you, AFOTL, knows that you sometimes have to compromise to settle cases, and sometimes you have to take less than you claim are your total damages. These comments amount to bitching about anything resembling a class action, and bitching especially high-mindedly about anything Jim Hood has to do with a class action. It would be an interesting experiment for you guys to file your antitrust case against Microsoft to recover your unascertained individual damages for monopolistic behavior. Millions of dollars in case expenses later, you would get your $200 as opposed to $60. A good old-fashioned lawyer like you, AFOTL, knows that you sometimes have to compromise to settle cases, and sometimes you have to take less than you claim are your total damages. These comments amount to bitching about anything resembling a class action, and bitching especially high-mindedly about anything Jim Hood has to do with a class action.

]]> By: a friend of the law http://nmisscommentor.com/law/jim-hood-announces-40m-settlement-of-microsoft-antitrust-claim/comment-page-1/#comment-5391 a friend of the law Fri, 12 Jun 2009 20:40:21 +0000 http://nmisscommentor.com/?p=2122#comment-5391 I saw in an article in the CL today that individuals could file claims supported by sworn affidavits, for up to 5 separate past purchases of Microsoft products and receive in return that same number of vouchers worth either $5 or $12 per voucher ---meaning the maximum individual voucher total would be worth $60 (5 x 12). No cash. I don't recall our AG seeking our permission to file these claims on our behalf, nor seeking our permission to settle for such a relatively puny/worthless amount for the individuals on whose behalf the suit was ostensibly filed in the first place. Does the AG have the authority to sue and settle on behalf of the individual citizens of the state, or just on behalf of the state? I am glad the state is getting some more money, but the flip side is that this one time money is enabling our state government to continue yet again to put off and avoid dealing with serious budget issues for the long-term. I saw in an article in the CL today that individuals could file claims supported by sworn affidavits, for up to 5 separate past purchases of Microsoft products and receive in return that same number of vouchers worth either $5 or $12 per voucher —meaning the maximum individual voucher total would be worth $60 (5 x 12). No cash. I don’t recall our AG seeking our permission to file these claims on our behalf, nor seeking our permission to settle for such a relatively puny/worthless amount for the individuals on whose behalf the suit was ostensibly filed in the first place. Does the AG have the authority to sue and settle on behalf of the individual citizens of the state, or just on behalf of the state?

I am glad the state is getting some more money, but the flip side is that this one time money is enabling our state government to continue yet again to put off and avoid dealing with serious budget issues for the long-term.

]]> By: somslawyer http://nmisscommentor.com/law/jim-hood-announces-40m-settlement-of-microsoft-antitrust-claim/comment-page-1/#comment-5352 somslawyer Fri, 12 Jun 2009 13:34:46 +0000 http://nmisscommentor.com/?p=2122#comment-5352 If the news excerpts are right, private citizens who bought Microsoft products between 1996 and 2004 will only get coupons worth $5 on Microsoft products for each product purchased. If that same logic applied to the state's portion, Mississippi government bought 21 million units of Microsoft products in that same time period - about 90 units per employee (based on government employment of ~277,000) - and are getting paid in cash not scrip. Seems like a grossly inadequate remedy for the public that Hood was allegedly protecting. If the news excerpts are right, private citizens who bought Microsoft products between 1996 and 2004 will only get coupons worth $5 on Microsoft products for each product purchased.

If that same logic applied to the state’s portion, Mississippi government bought 21 million units of Microsoft products in that same time period – about 90 units per employee (based on government employment of ~277,000) – and are getting paid in cash not scrip.

Seems like a grossly inadequate remedy for the public that Hood was allegedly protecting.

]]> By: a friend of the law http://nmisscommentor.com/law/jim-hood-announces-40m-settlement-of-microsoft-antitrust-claim/comment-page-1/#comment-5328 a friend of the law Fri, 12 Jun 2009 00:34:15 +0000 http://nmisscommentor.com/?p=2122#comment-5328 Per the contract, it sounds like this suit was filed on behalf of all of the citizens of MS who have been overcharged by Microsoft. Thus, shouldn't those citizens who use Microsoft get the money? Why should the money go to the general fund? Or was the suit on behalf of just state agencies and employees who use state provided computers? Could a citizen file a similar suit, or does this settlement preclude such a suit? Just curious. Per the contract, it sounds like this suit was filed on behalf of all of the citizens of MS who have been overcharged by Microsoft. Thus, shouldn’t those citizens who use Microsoft get the money? Why should the money go to the general fund? Or was the suit on behalf of just state agencies and employees who use state provided computers? Could a citizen file a similar suit, or does this settlement preclude such a suit? Just curious.

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