Table of Contents:
Beatie King & Abate, LLP v Lucent Tech. Inc and AT&T Corp.
- Venue: Supreme Court of the State of New York, County of New York
- Date File: January 13, 1999
Yu v International Business Machines Corp.
- Product: medical practice management software
- Venue: U.S. Dist. Court for the Northern Dist. of Illinois
- Date Filed: December 22, 1998
Kaczmarek v Microsoft Corporation
- Product: software development tools
- Venue: U.S. Dist. Court for Northern Dist. of Illinois (Eastern Div.)
- Date Filed: December 10, 1998
Cincinnati Insurance Company v. Source Data Systems, Inc. et al.
- Product: not applicable
- Venue: U.S. Dist. Court for the Northern Dist. of Iowa, Cedar Rapids Div.
- Date Filed: December 4, 1998
ASE Limited v. INCO Alloy International, Inc.
- Product: retail computer system
- Venue: Court of Common Pleas of Allegheny County, Pennsylvania
- Dated Filed: Not known at this time
Cobb & Shealy, et al. v. Equitrac Corp., et al.
- Product: copier and telephone billing systems
- Venue: Houston County, Alabama Circuit Court
- Date Filed: Not known at this time
Highland Park Medical v. Medical Manager, et al.
- Product: medical management software
- Venue: USDC, Northern District of Illinois
- Date Filed: November 3, 1998
MVA Center for Rehabilitation, Inc. v. Medical Manager Corp.
- Product: medical management software
- Venue: Western District of Massachusetts.
- Date Filed: November 2, 1998.
Hannah Films, Inc. v. Micron Electronics, Inc.
- Product: personal computers
- Venue: Idaho District Court of the Third Judicial District
- Date Filed: October 26, 1998
- Product: credit card processing
- Venue: USDC, District of Nebraska
- Date Filed: October 23, 1998
Zee's Home Decorating Centers, Inc. v. Daceasy, Inc. et al.
- Product: retail software
- Venue: District Court of Dallas County, Texas
- Date Filed: September 15, 1998
Carder Buick-Olds Co., Inc. v. Reynolds & Reynolds, Inc.
- Product: dealership management/accounting system
- Venue: Court of Common Pleas, Montgomery County, Ohio
- Date Filed: September 9, 1998
- Product: retail computer system
- Venue: Commonwealth of Massachusetts, Superior Court Division
- Date Filed: August 28, 1998
College v. Medical Manager Corporation
- Product: medical practice management software
- Venue: Florida Circuit Court, Hillsborough County
- Date Filed: August 25, 1998
- Product: medical practice management software
- Venue: Supreme Court of the State of New York, County of Rockland
- Date Filed: August 7, 1998
Glusker v. Medical Manager & Sales Inc. and Medical Manager Corp.
- Product: medical practice management software
- Venue: California Superior Court, Santa Clara County
- Date Filed: August 3, 1998
Women's Institute for Fertility Endocrinology and Menopause v.Medical Manager Corp.
- Product: medical practice management software
- Venue: Pennsylvania Common Pleas Court
- Date Filed: August 3, 1998
Pineville Community Hospital v. Keane, Inc., et al
- Product: medical practice system
- Venue: Commonwealth of Kentucky, Bell Circuit Court
- Date Filed: July 31, 1998
Against Gravity Apparel, Inc. v. Quarterdeck Corp.
- Product: communications software
- Venue: Supreme Court of the State of New York
- Date Filed: July 30, 1998
H. Levenbaum Insurance Agency, Inc. v. Active Voice Corporation
- Product: communications software
- Venue: Commonwealth of Massachusetts Superior Court Department of the
- Trial Court.
- Date Filed: July 28, 1998
Qual-Craft Industries, Inc. v. Realworld Corp.
- Product: accounting/financial software
- Venue: Commonwealth of Massachusetts, Norfolk
- Date Filed: June 26, 1998
- Product: accounting/financial software
- Venue: Supreme Court of the State of New York
- Date Filed: June 25, 1998
Peerless Wall & Window Coverings, Inc. v. Synchronics, Inc.
- Product: retail software
- Venue: U.S.D.C. for the Western District of Pennsylvania
- Date Filed: June 24. 1998
Courtney v. Medical Manager Corp.
- Product: medical practice management software
- Venue: New Jersey Superior Court
- Date Filed: June 10, 1998
- Product: accounting/financial software
- Venue: Superior Court of California, County of San Mateo
- Date Filed: June 4, 1998
- Product: accounting/financial software
- Venue: Superior Court of California, County of Santa Clara
- Date Filed: May 27, 1998
- Product: accounting/financial software
- Venue: Supreme Court of the State of New York, County of Nassau Date
- Filed: May 26, 1998
- Product: accounting/financial software
- Venue: Supreme Court of the State of New York, County of Nassau Date
- Filed: May 13, 1998
- Venue: Superior Court of the State of California, County of Santa Clara.
- Date Filed: April 28, 1998
Paragon Networks International v. Macola, Inc.
- Product: accounting software
- Venue: Court of Common Pleas in Marion County, Ohio
- Date Filed: April 1, 1998
Jean Marie Cameron v. Symantec Corp.
- Product: antivirus software
- Venue: Superior Court of the State of California, County of Santa Clara
- Date Filed: unknown
Richard Capellan v. Symantec Corp.
- Product: antivirus software
- Venue: Superior Court of the State of California, County of Santa Clara.
- Date Filed: February 19, 1998
Atlaz International, Ltd. v. Software Business Technologies Inc., et al.
- Product: accounting software
- Venue: Superior Court of the State of California, County of Marin
- Date Filed: December 2, 1997
Produce Palace International v. Tec-America Corp.
- Product: retail hardware system
- Venue: Macomb County Circuit Court
- Date Filed: August 4, 1997
Lawsuit Summaries
Beatie, King & Abate, LLP v. Lucent Tech. Inc. and AT&T Corp.
- Venue: Supreme Court of the State of New York, County of New York
- Date File: January 13, 1999
- Summary: To follow
Yu v. International Business Machines Corp. et al.
- Product: medical practice management software
- Venue: U.S. Dist. Court for the Northern Dist. of Illinois
- Date Filed: December 22, 1998
Summary: Dr. Mario C. Yu filed a lawsuit against International Business Machines Corporation ("IBM") and Medic Computer Systems, Inc. ("MEDIC") arising out of his purchase of allegedly noncompliant bundles of hardware and software packages manufactured and distributed by the defendants. The software and hardware bundles at issue are comprised of the IBM RISC 6000 hardware containing the IBM AIX operating system 4.1, MEDIC applications software version 7.0, and the accompanying professional services necessary to support the hardware and software (hereinafter "bundled solutions").
The lawsuit was brought on behalf of all persons and entities who purchased the defendants' bundled solutions, as well as a subclass consisting of those persons or entities who have already purchased AIX v. 4.3, which is Year 2000 compliant. According to the complaint, the software, which allegedly costs approximately $20,000 each, is used by doctors to monitor and schedule patients' treatment and track patient tests and results.
The bundled solutions are used in over 11,000 medical offices by more than 60,000 physicians. Yu alleges that in December 1996, he purchased the bundled solutions at a total cost of $19,336.00 for installation to begin in 1997. Defendants did not advise plaintiff about the products' noncompliance until December 4, 1998, when Yu was informed that he would need to pay an additional $2,410.00 for his system to be Year 2000 compliant.
The suit also contends that defendants' non-compliant hardware and software pose a "clear and present danger" of risk and potential harm to patients of medical specialists using the noncompliant products provided by defendants. The complaint includes causes of action for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Uniform Deceptive Trade Practices Act, negligence, breach of express warranty and breach of the implied warranty of merchantability and fitness for a particular purpose.
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