HOWE v. MICROSOFT CORP.

No. 20020075.

656 N.W.2d 285 (2003)

2003 ND 12

Henry H. HOWE and Michael Simonson, individually and on behalf of all others similarly situated, Plaintiffs and Appellees, v. MICROSOFT CORPORATION, Defendant and Appellant, and Does 1 through 100, inclusive, Defendants.

Supreme Court of North Dakota.

January 28, 2003.


Attorney(s) appearing for the Case

Vincent J. Esades (argued), Daniel E. Gustafson (on brief), and Jason Kilene (on brief), Heins Mills & Olson, PLC, Minneapolis, MN, and Robert J. Gralewski, Jr. (appeared), Dennis Stewart (on brief), and Leonard B. Simon (on brief), Milberg Weiss Bershad Hynes & Lerach, LLP, San Diego, for plaintiffs and appellees.

Patrick J. Ward (appeared), Zuger Kirmis & Smith, Bismarck, David B. Tulchin (argued) and Joseph E. Neuhaus (on brief), Sullivan & Cromwell, LLP, New York, NY, Thomas W. Burt (on brief), Richard Wallis (on brief), Steven J. Aeschbacher (on brief), Microsoft Corporation, Redmond, WA, Charles B. Casper (on brief), Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, and Steve W. Berman (on brief), Hagens Berman, Seattle, WA, for defendant and appellant.


KAPSNER, Justice.

[¶ 1] Microsoft Corporation has appealed from an order granting class certification in an action against Microsoft for violations of the North Dakota Antitrust Act and the Unfair Trade Practices Law. We affirm, concluding the district court did not abuse its discretion in certifying the class action.

I

[¶ 2] Microsoft manufactures, markets, and licenses computer software, including operating systems. Most of Microsoft...

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