A Class Action: DEITER et al v. MICROSOFT CORPORATION, 436 F.3d 461 (2006)

In this antitrust class action, The Plaintiffs, computer software buyers, sued Defendant Microsoft, the computer software company, claming that Defendant overcharged them for software purchased by them. When asked to certify classes of representatives, the United States District Court for the District of Maryland certified a class of members who had acquired a copy of the Windows operating system from Microsoft's website. However, the Court excluded from the class Enterprise customers that purchased large quantities of software licenses from Microsoft. The court stated that Plaintiff’s claims and Enterprise customers’ claims were different, and therefore, Plaintiff did not satisfy the typicality requirement of Federal Rule of Civil Procedure 23(a)(3) which necessitates that the representative parties' claims should be typical of the claims of every class member. The United States Court of Appeals for the Fourth Circuit affirmed the judgment.

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