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State AGs 
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AG says court decision opens the door for class action against Dell
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Gary King (D)
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SANTA FE, N.M. (Legal Newsline)-New Mexico Attorney General Gary King said Tuesday that a recent state Supreme Court decision allows for a class action lawsuit against computer company Dell, Inc.

On Friday, the state high court ruled unanimously that the arbitration provision in the sales contract between Dell and New Mexico consumer Robert Fiser was invalid.

The ruling reversed a New Mexico Court of Appeals ruling and remanded the case back to district court. Dell, Inc. is based in Round Rock, Texas.

The attorney general filed an amicus brief in support of Fiser's class action lawsuit against Dell for allegedly selling him a computer that did not have as much storage capacity as the company claimed it did.

Dell sued, claiming Fiser did not have a right to bring a class action lawsuit because he was bound by terms of an arbitration agreement inside the packaging of the computer he purchased through Dell's Web site.

"This is a case of David taking on Goliath," King said in a statement. "But we supported Mr. Fiser's lawsuit because it is about protecting New Mexico consumers from unfair and deceptive trade practices so we are very happy with the Supreme Court's ruling; this a victory for consumers."

From Legal Newsline: Reach reporter Chris Rizo by e-mail at chrisrizo@legalnewsline.com.

Filed Under: State AGs

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MORE NEWS HEADLINES:
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+ N.H. AG settles with PetSmart over cadmium allegations - 2/9   read more
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+ Hood critical of bill that would allow officials to hire outside ... - 2/8   read more
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+ Koster: Company indicted for falsifying mortgage documents - 2/8   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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