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Denying summary judgment re Vermont Consumer Fraud Act claim (overcharge cases)
State: Maryland
Court: Maryland District Court
Case Date: 05/07/2003
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE MICROSOFT CORP. ANTITRUST LITIGATION "Consumer Track" This Document Relates To: Cheeseman v. Microsoft Corp. * * MDL 1332 * * * * * * Civil No. JFM-00-1269 * ***** MEMORANDUM

This action is brought under the Vermont Consumer Fraud Act ("VCFA"). Plaintiffs have filed a motion for summary judgment as to liability. Plaintiffs contend: (1) as a result of my rulings on plaintiffs' Rule 16 motions, Microsoft is collaterally estopped from contesting that it violated the Sherman Act; (2) a violation of the Sherman Act constitutes a violation of the VCFA, see Vermont Mobile Home Owners' Ass'n, Inc. v. Lapierre, 94 F. Supp. 2d 519, 523 (D. Vt. 2000); and (3) plaintiffs need not prove actual damages to establish liability under the VCFA. Section 2461(b) of the VCFA provides: Any consumer who contracts for goods or services in reliance upon false or fraudulent representations or practices prohibited by . . . [the VCFA], or who sustains damages or injury as a result of any false or fraudulent representations or practices prohibited by . . . [the VCFA] . . ., may sue for appropriate equitable relief and may sue and recover from the seller, solicitor or other violator the amount of his damages, or the consideration or the value of the consideration given by the consumer, reasonable attorney's fees, and exemplary damages not exceeding three times the value of the consideration given by the consumer. Vt. Stat. Ann. tit. 9,
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