Week of September 10, 2007

"In this consumer action against Microsoft Corporation, respondent court granted Microsoft's motion to strike plaintiff's claim for restitution. Adopting Microsoft's interpretation of certain language in Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134 (Korea Supply), respondent court held that the availability of restitution under the UCL was limited to direct purchasers and excluded plaintiffs such as the petitioner in this case, who purchased Microsoft's product from a retailer."

Justice Sandy R. Kriegler
Shersher v. Superior Court (Sept. 10, 2007, B195317, Second District)
p. 2

Read my summary of the case

Comment: Do you own any Microsoft products? Did you buy them directly from Microsoft? Luckily neither you or I have to worry about where we make future purchases because Justice Kriegler and his colleagues rejected Microsoft's interpretation of Korea Supply.