Empire College School Of Business

Latest Empire College School Of Business News

1. Microsoft Corp. v. Manning, 914 S.W.2d 602 (Tex. App.Texarkana 1995, pet. dism'd). I served as lead local counsel for Microsoft and was the principal client contact. This case was an appeal from a state-court ruling that had granted the plaintiffs' motion for class certification. The putative class of software purchasers sued Microsoft alleging breach of express warranty, breach of implied warranty, unjust enrichment, and violations of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act, and Washington Consumer Protection Act. The case turned on the interplay between state and Federal class action laws, and also raised Federal constitutional issues involving the proper application of the Due Process Clause and the Full Faith and Credit Clause. Other issues included the speculative nature of the damages where no actual loss of data was shown and whether or not reliance-based causes of action could be certified as a class action in light of the multitude of individual fact issues arising from each class member's circumstances. Microsoft contended that the trial court's class certification violated Microsoft's due process rights under the state and Federal constitutions and the Full Faith and Credit Clause of the United States Constitution. Specifically, Microsoft argued that the trial court violated - more available