Iowa Antitrust Case Costs Microsoft $255M

The judge in charge has approved the payout for the case, which was settled seven months ago. Iowa citizens will get up to $179 million in refunds and the attorneys will get $75 million, $8 million of which covers expenses. There's another $1 million in there for legal aid. Individual consumers pocket very little: they can file for $16 for each copy of Windows or MS-DOS purchased over a 12-year period, and $29 for Office. Such a payout would serve as a deterrent only if all 50 states had sued and won similar amounts. Alone it's a slap on the wrist.

Comments

$75 million!

[drspliff]

And the attorneys will get $75 million, $8 million of which covers expenses.

I call bullshit, why are they getting this when their expenses are significantly lower and it isn't part of the money given out to everybody who bought Windows?

I'd be seriously pissed if I found out lawyers were skimming massive amounts from public settlements on behalf of my state or county. Where's it going eh?

Re:$75 million!

[Manchot]

I call bullshit, why are they getting this when their expenses are significantly lower and it isn't part of the money given out to everybody who bought Windows?

I know that it's popular on Slashdot to vent against lawyers who do class action suits, but come on. You said it yourself: the law firm incurred $8 million in expenses to see this thing through. Yes, they ended up earning $75 million (because they won), but how much would they have gotten if they lost? Nothing; in fact, should they have lost, the judge could've ordered them to pay Microsoft's fees (which are likely even higher). Eight million is quite a large amount of money to gamble, especially considering that the lawyer in this case has her own law firm, and probably paid those expenses out-of-pocket. All told, the market's decided that a 30% contingency is fair for such a high risk, and I'm inclined to agree.

Moreover, I'd like to know how you'd "fix" the system as it stands. Obviously, you cannot ban class actions or limit the damages, because in many ways they're the only recourse that a bunch of people screwed by a corporation have, without the government (the largest class of them all) stepping in. You cannot place any limits on class action lawyers' pricing structures, either, because that'll have the effect of decreasing the number of class actions we have. No lawyer is going to take such an expensive case on a 10% contingency.

The only way that I can see is to have the government step in more often when a company has screwed people. Unfortunately, the DoJ hasn't really been prosecuting misbehaving corporations since early 2001: I wonder why?

Lawyer fees

[140Mandak262Jamuna]

Why are the lawyers paid in one full lump sum? What is the incentive for anyone, MSFT, the lawyers and the state to publicize the settlement and make sure all eligible customers actually get something? Why can't they make the lawyer fees a percentage of actual money paid out as compensation? Then these lawyers will be working overtime to publicize and make it easy to file and claim the refund. As it stands it benefits no one but the lawyers.

*yawn*

[Real1tyCzech]

This case was brought against MS in 2000. It is now 2007.

So much for the right to a speedy trial.

So much for relevance.