A California federal court granted summary judgment to Hewlett-Packard against a plaintiff who “brought a putative class action against HP because its laser jet printers shut down printer operations before the toner cartridges are really empty. … The User Manual did not disclose that toner would remain in the cartridges when they reached ‘empty,’ but rather advised that the cartridges would yield up to 2,000 color pages.” [Russell Jackson; Baggett v. Hewlett-Packard, PDF]
Chronicling the high cost of our legal system
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Point of Law- Around the web, November 23Tide turning against drug-pricing suits? Glaxo SmithKline beats back Kentucky case [Longstreth, AmLaw Daily] Court in Australia deems litigation funding pact improper as "unregistered managed investment scheme" [New Lawyer] Should docs be careful what they ask for? Michelle Mello... […]Walter Olson
- Latest Labaton pension fund controversy: MissouriAn "uproar" has broken out over the state employee pension fund's prospective hiring of lawyers to file securities suits. "At least six firms from around the country have been courting the board of the Missouri State Employees Retirement System, or... […]Walter Olson
- In Congress, promoting the return of notice pleadingsRep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... […]Carter Wood
- "'Sick Leave' Mandates We Can Ill Afford"Diana Furchtgott-Roth warns of another labor-backed bill gathering steam in Congress. Earlier here and here.... […]Walter Olson
- "Jury rejects prosecutor's rigged game"Our own Marie Gryphon on the Bear Stearns acquittals.... […]Walter Olson
- Around the web, November 23
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- Puffery PlaintiffsThe NYT reports that more companies are challenging claims made in competitors’ ads. Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route — filing lawsuits and other formal grievances challenging their competitors’ claims. Longtime foes like Pantene and Dove, Science Diet and […]Jonathan H. Adler
- WaPo on Climate E-mails (and More)The Washington Post covers the disclosure of e-mails from the University of East Anglia Climate Research Unit — e-mails that appear to have been subject to an FOI request and that were either hacked by an outsider or stolen and released by an insider. In one e-mail, the center’s director, Phil Jones, writes Pennsylvania State University’s [...] […]Jonathan H. Adler
- Thoughts on Sarah Palin and Going RogueLike Ilya, I’ve been reading Sarah Palin’s book and following her media appearances. It’s difficult to say anything original about a polarizing figure such as Palin. And no matter what you say, around half of the VC readership will be convinced you are a complete idiot (which half depending on which side you [...] […]Orin Kerr
- Reading Kindle Books on the Ipod TouchI got tired of hauling so many books around on plane flights, and decided to try downloading some Kindle books to my Ipod Touch. I don’t yet have a Kindle, although apparently if I am very, very good ... I know that Glenn Reynolds prefers the Ipod to read Kindle over the Kindle, but then [...] […]Kenneth Anderson
- Spelling Out Numbers vs. Writing Them Using DigitsAny thoughts on what the rule should be here? My sense is that numbers written using digits are much easier to quickly absorb, so I tend to write them that way whenever they refer to something that people might want to use in calculations or comparisons. I’d say, for instance, that “These books [...] […]Eugene Volokh
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{ 2 comments… read them below or add one }
I received $25 from a class action lawsuit against Epson about three years ago for a similar complaint that ink remained in the cartridges when the printer shut down. I don’t know what the differences were between these two lawsuits. It is possible that Epson didn’t indicate the number of pages that you would be able to print.
OR the Ted Franks of the world are starting to have a positive effect on the system. Besides the acknowledged greed of all corporations there are a couple of oh-so-minor, but still scientifically valid reasons why one can never get that “good to the last drop” out of an ink or toner cartridge.