ACER CLASS ACTION SETTLEMENT UPDATE:
The parties have reached a class settlement of this case. On April 11,
2013, the court granted preliminary approval of the class action settlement.
To obtain information about the terms of the Acer class action settlement,
how to make a claim, or contact the settlement administrator, please visit the
case website,
http://www.acerlawsuit.com/.
If you would like to discuss the Acer class action settlement with Pearson,
Simon & Warshaw, LLP, feel free to
contact us.
SUMMARY OF CASE:
On March 25, 2009, Pearson, Simon & Warshaw, LLP with co-counsel filed
a class action complaint against Acer America Corporation alleging that
Acer notebook computers were supplied with 1 gigabyte of shared Random
Access Memory ("RAM"). Acer devoted 256 megabytes of RAM to
the graphics processor. However, the complaint alleges that the Microsoft
requires 1 gigabyte of RAM devoted to running the system and that Acer
failed to disclose this requirement to consumers who purchased the applicable
notebooks.
On September 14, 2009, the Court denied Acer's Motion to Dismiss, in
part. A copy of the
Class Action Complaint is available for download. Pearson, Simon & Warshaw, LLP, has continued
to prosecute the case and on March 25, 2011, the Court certified the case
on behalf of a nationwide class of individuals that own the applicable
computers. A copy of the
Order on Class Certificationis available for download.
On April 8, 2011, Acer filed a petition in the United States Court of Appeals
for the Ninth Circuit challenging the District Court's Order granting
class certification. After Peason, Simon, Warshaw & Penny, LLP and
co-counsel briefed the issue, the Ninth Circuit denied Acer's petition.