The lawsuit seeks remuneration for what the plaintiff alleges is a faulty floppy disk controller.  In addition to seeking repair, replacement or a refund under his warranty, plaintiff also sought to have the lawsuit certified as a nationwide class action lawsuit. 

CFIF Files Amicus Brief in the Supreme Court of Oklahoma Challenging Lower Court's Grant of Nationwide Class Action Status

The Center for Individual Freedom recently joined with the Oklahoma State Chamber of Commerce, the Greater Oklahoma City Chamber and the Metropolitan Tulsa Chamber of Commerce in filing an Amicus Curiae brief before the Oklahoma Supreme Court.  The case, Grider v. Compaq Computer Corporation, is a national class action matter asserting contract theories based on claims of computer defects.

The lawsuit seeks remuneration for what the plaintiff alleges is a faulty floppy disk controller.  In addition to seeking repair, replacement or a refund under his warranty, plaintiff also sought to have the lawsuit certified as a nationwide class action lawsuit.  Oklahoma District Judge Tom Lucas granted this request last fall, effectively joining 1.7 million potential plaintiffs who reside throughout the United States.

The Center and fellow amici filed the amicus brief requesting the state's highest court to reverse the lower court decision granting certification of a nationwide class.  In its brief, the parties present three main arguments for reversal:  (1) certification of a nationwide class, through application of the law of the manufacturer's principal place of business, is not warranted and could have a devastating effect on Oklahoma's economy; (2) application of choice of law rules in a manner unique to class actions offends due process; and (3) deference should be given to a Supreme Court of Texas' decision which involved the exact same claims for the same proposed class against the same defendant in which the Texas Supreme Court found that Texas law did not apply to the claims of all class members.

The Center joined the brief in support of its efforts to seek legal reform, noting that "[t]he legal climate of a state affects not only the ability of a state to attract and retain businesses, but also affects the quality of life of individuals in that state."

To read the Center's brief, click here.

January 12, 2006
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