nVidia Class Action Fairness Hearing is Tomorrow - Almost time to make a claim!

Center for Class Action Fairness

NVIDIA: my role in this case is likely over, but there are class members who plan to continue the fight. A legal malpractice class action against class counsel is likely to proceed if judge rules in NVIDIA's favor at Milberg's behest. If you haven't already, sign up at this website run by a class member very unhappy with the settlement administration, and he'll let you know if there's anything that can be done.

 

i espicially love how milburg claims to only have received 80-some-odd complaints, when we have a whole website with over 350 complaints with detailed information (plus 250 signed petitioners). how can they get away with these lies? honestly, if the judge rules in favor of milburg, he did NOT go over the paperwork at all.

i truly hope this case is taken seriously by the judge and not shrugged off and handed to the higher-ranking party (nvidia/milburg)...

 

NVIDIA pays a small fraction of the damage they caused, and get millions of future claims and suits blocked. Plaintiffs receive approx 1/3 restitution of their original investment, not to mention nothing for the loss and damage suffered because of the defect. We all know what the lawyers get...

We need a lot of reform when it comes to Class Action suits. They are designed for the defendants benefit by not requiring an explicit OPT IN. Everyone is included in the suit unless you explicitly OPT OUT, but some never even know about it and are forced to surrender their legal rights without knowledge or approval.

Ours is even worse. We were promised restitution in like or similar kind AND value. But then were bamboozled, bushwhacked, and flimflammed into a joke of a settlement. Milberg, Orrick, and NVIDIA get to laugh all the way to the bank.

This may be the LAW but it is not JUSTICE.

 

Notice on the site there is no entry in the FAQ "How do I complain about the execution of the settlement?" No wonder they only recorded receiving 80 complaints. Our complaints were gathered through word of mouth without the benefit of a list of affected persons.

In a perfect world there would be time for the Judge to study each document of every case thoroughly. We do not live in a perfect world and I worry we will be short changed in the end.

I do like the fact that there were 12 lawyers from the other side there. I think the chance of winning the fair enforcement of this case is really bothering them. I hope they loose more sleep waiting for the judgement than I do.

 

I like this +1

 

as dv9000owner has stated previously, cq50 or asus t101mt satisfies NEITHER of the "false dichotomy":

CQ56/Asus T101 are neither similar in kind NOR value to vast majority of affected HP models.

 

Kevin or Ken or somebody,
How do we know when the judge has ruled, is there a website to watch or just wait for Ted to tell us?


Who is shopping for the MALPRACTICE Lawyer?

 

PACER.gov is the centralized database tracking federal cases.

It is NOT free (0.08 per page seems nominal until you realize that they charge you to run queries!) so your best bet is to wait for Ted's update.

 

You all have to see this. I just pulled this off Teds FB Page.

#

Only just found this and your blog - thanks for fighting for us. Does this all mean that everything is on hold? I received all the Fedex return info and promptly returned my dead Pavilion DV2415NR on Feb 14, then discovered what the propos...ed replacement is. Haven't received a replacement yet. Happy to wait if it means getting a 'true' replacement. BTW I got a call a couple of weeks back from the attorneys asking me if I was happy - I said I wasn't and what should I do and was told 'I am only trying to find people who are prepared to go on record that they are happy with the settlement, so I can't help you' and hung up!See More
9 hours ago

Center for Class Action Fairness , are you willing to testify to that conversation with the attorneys under oath?
8 hours ago ·

Yes - can't remember the name of the the person but she said more than once that she was only looking for people happy with the outcome. She got frustrated that I was pushing her to tell me what to do about being unhappy and eventually just hung up. The call was on 3/2/11 at 12:58pm from phone number 800-320-5081.

emails sent to your gmail address listed on blog
6 hours ago ·

I looked it up The 800 number is milburgs....


EDIT: rosenthal filed another declaration today listed on teds blog

 

where at on the FB are you seeing this? i dont' see it on his wall.

 

about 3rd down click on view all comments


look for my face I have the last 2 posts

 

This guy gets my vote, He's into medical malpractice but he's a fighter. Its going to be tough to find an attorney to take on another attorney, kinda like a cop arresting another cop for DUI, it happens but not as often as it should.

California Medical Malpractice Attorney | Medical Malpractice Attorney | Medical Malpractices

 

Not sure if that will work for us; medical malpractice is a completely different beast. We need a legal malpractice lawyer.

Not California, but he's one of the biggest lawyers in the Midwest -- Fieger, Fieger, Kenney, Johnson & Giroux PC — Get Legal Advice From Geoffrey Fieger

For whatever reason, it's not displaying for me in FireFox, IE, or Chrome...but anyway.

I still have faith in Judge Ware sending Nvidia back to the drawing board for replacements. Like Ted said, he may have been giving Nvidia a last ditch effort to defend themselves. I'd say by Monday afternoon Nvidia is going to be scrambling to find a cheap dual-core solution.

 

Just what the Dr. ordered.

Legal Malpractice Attorney, California Legal Malpractice Lawyer, Gwire Law Offices

 

100% Agree! Plus one!!! LMAO

 

is anyone fighting back Dell for putting the same bad boards and calling it repair.
i just got my claims "repair" back and the GPU is running way hot.
how do i just get a refund?

 

Hey folks. I was on a short business trip and did not have access to the forum since Sunday evening.

I was sad to read how things went on Monday, but let's not lose hope until we hear what Judge Ware decides. I'm holding on to hope that the man is very intelligent, objective, fair, and honest.

If my hope is not misplaced, then the outcome will be favorable to class members. If the opposite it true... well, I guess he's not any of those things. It would seem to be impossible for an average computer user with ordinary intelligence and a modicum of technical knowledge to conclude that the CQ56-115DX or the Asus netbook are not a breach of the settlement verbiage to provide "a replacement computer of like or similar kind and value" without having a lack of concern for equity and some sort of an ulterior motive.

Others have posted similar thoughts and I agree with them.

Edit: I see that 1 person voted "yes". I will take that as proof that at least one kool-aid drinker from Milberg has visited this forum

 

We should ask the forum moderator to look up that IP address to see if the vote came from an IP block belonging to NVIDIA, Orrick, Rosenthal or Milberg.

Now, that would be fun.

PS. I just added my own, personal, HP product replacement matrix. Read it here and let me know what you think.

 

Maybe the person who voted yes just had one of the lower-end Compaq computers originally. I don't have one of those so I can't be sure, but I would guess the CQ56 might be a fair replacement for an older Compaq that originally retailed for under $600-700.

 

I haven't voted...and am new. but i will go on record as saying what is going on is not fair for alot of people. personally i have signed the Nvidia class action and just got my letter that I was approved. I own a HP Pavilion dv 6000 (specifically coded as a dv6105us) looking at the specs for my laptop and the specs to the CQ56 it is actually a slight step up for mine hardware-wise. For me it just sucks to think i dropped $700 on my laptop and the principal of getting a $300 replacement kind of sucks. I didnt expect something like an Alienware, etc. but even looking at BestBuy there are decent DualCore laptops(which seems to be the standard today) for just a little more than the CQ56. heck why not just replace everyone's laptop with an Atari.lol. Heck I may just Craigslist my replacement and buy a PS3 that i can load with YellowDog.lol

 

If you had a dual-core, which I'm sure you did, then you are not receiving a fair replacement. Just because the clock speed is faster on the single core CPU, you won't be able to multitask nearly as well. You purchased an "Entertainment PC", so I wouldn't accept this economy single core they are trying to peddle.

 

@Batman

That's more like it; they have a page for breach of fiduciary duty: Legal Malpractice Attorney, California Legal Malpractice Lawyer, Gwire Law Offices

 

Here is what I just posted:
MikeK March 31, 2011 at 9:28 pm
No greed here, all I want is a computer of equal components, here is what
I dropped almost a $grand$ for what worked about 16 months total, what I
expect is FAIR TREATMENT. NOTHING LESS, NOTHING MORE.

Windows Vista Home Premium
AMD Turion (TM) 64×2 Dual-Core TL-56(1.8GHz/1MB)
12.1″ WXGA BrightView w/Integrated Touch-screen
HP Imprint Finish + Fingerprint Reader + Webcam
Upgrade from 1 GB to 2GB (2 Dimm)
LightScribe Super Multi 8X DVD+/-RW w/Double Layer
802.11 pre-n WLAN and Bluetooth
4 Cell Lithium Ion Batteries (2)
Microsoft (R) Works Suite 2006 includes Word
System Recovery DVD w/Windows Vista Home Premium

 

my apologies, I did a little more research on my laptop and it was Core 2 Duo. so yeah i am getting jipped.lol

 

This is what the Federal Trade Commission says about "Bait advertising" ( 16 CFR PART 238):

Sec. 238.0 Bait advertising defined.(1)

Bait advertising is an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser. The primary aim of a bait advertisement is to obtain leads as to persons interested in buying merchandise of the type so advertised.
......
(1)For the purpose of this part "advertising" includes any form of public notice however disseminated or utilized.​

Send me an email to n v i d i a 4 1 1 (at) gmail (dot) com, if you are willing to participate in a letter campaign to FTC.

 

More thoughts on "of like or similar kind and value" and perhaps this relates to "Bait Advertising" as well...

Have you every been to a supermarket that had been running a sale, and for whatever reason, the sale item was either unavailable or they were out of stock, and they put up a sign on the shelf that said: "Product X will be substituted for Y"?

Example: If they run out of Bounty Triple Ply 12-pack paper towels, they might substitute two 6-packs of Brawny Xtra strength paper towels for the same price, or something like that. Sure, the two aren't identical, but it isn't as if they aren't trying to sell you a pack of single-ply generic brand.

The parallel can be drawn to this case... an Asus netbook is not "of like or similar kind and value" to a high end tapblet/laptop...and a Compaq Budget laptop is not "of like or similar kind and value" to an HP Entertainment laptop. BestBuy would never put out a sign for those types of "substitutions" if the sale item was unavailable.

I just think that it doesn't get more obvious that that.

Here's hoping Judge Ware can wade through all the docuemnts that were filed and draw the same conclusion!

 

This is a website that you can compare laptops. Thought some might like to check it out.
https://powersellernyc.com/compare/laptops?main=21760

 

Milberg the BIG Wiener: Look at what the people of the United Kingdom are getting. Refunds or Replacements.

View forum - The Facts & The Sale Of Goods Act • The Nvidia Defect Forum

 

Kevin, nice job on the replacement matrix!

Yes, your machine was much better. The CPU difference is just one of a number of things that make the CQ56 an epic failure as a replacement.

Good observations!

 

Hey everyone. A while back I bought a DV6000 for my daughter for college. She lost wi-fi first, then it just wouldn't start at all, lights came on and it recycled on/off. I found out about the class action suite through a link that someone sent me. I went to the url, but it was on Mar 15 and so, too late for me. I missed it by 1 day. There must be a lot of people in the same situation. Are we just screwed? I guess I could send it to one of the repair guys on eBay.
Well, I've read the last few pages and want to wish you all good luck on getting the replacement models changed.

Gary

 

Welcome to NBR forum. We're happy you joined us.

We are waiting for a decision from Judge Ware. Hopefully, nobody will be screwed. If he does not extend the filing deadline you will be out of luck as far as making a claim as a class member is concerned.

Realize that sending the computer to someone offering to repair the problem is going to be a temporary solution (at best) and you will be essentially throwing your money away. The problem is really not repairable, even with a new motherboard, or NVIDIA would not be replacing these laptops. You would be better off not spending any money on repairs, disassembling the unit and parting it out on eBay, and buying something else for your daughter... hopefully, not another HP.

 

That would be awesome.

 

I have a dv6500 laptop and fortunately for me, my laptop model isn't listed under the class action suit. Does that mean I can still pursue HP interdependently in a small claims? Thanks and I wish you all well in the settlement.

 

Yup, if your computer is not listed, you ARE NOT part of the class and you can pursue whatever remedy you want.

HPLies was a good source but that site no longer exists; someone did put up a mirror site here

 

Hey Gary,

Take Mr. Fox's advise, don't put any $$ into your 'dog' but if you must, spend as little as possible and use someone local that will provide you no less than a 12 month warranty, because it will most likely take a 'dump'
in 6 months. Good luck bro...

 

Compaq CQ56-201NR 15.6" Notebook Pentium Dual Core! - $288 at Frys.com and B&M

hmm, they can give you a dual core if you want this one.

-------------------------

BTW, how long should we hold on for the Judge Ware's dicision?

Can we send him a very nice email everyday?

 

Ted is on a webcast now. See it here

 

I just wanted to thank everyone on here for all the great info and to thank Mr. Frank for the work he has done for us...I had an HP DV9413CL and dont believe the Compaq even comes close to replacing it...

Bert

 

They chose the cheapest one the could get thousands of. They didn't care what the performance was, they knew "Experts" that would back them up.

The Judge is busy enough. I don't think an email will reach him, but could tie up his assistants/clerks enough to bias the case against us.

The longer the wait time could mean that the Judge/clerks are taking the time to read our documents. It could also mean that they are swamped with other cases and can't spend much time on ours. We don't know till the Judge rules.

 

Just lost Mr. Franks Web Cast from Cincinnati. Anyone else loose it? I can't get it back.

Edit: Got it back now.

 

Hey kscottbrown, I like your photo!

 

Dang, missed the webcast. How did it go?

 

During the March 28th hearing, Westerman was quoted as saying how he had to "insist" or fight for "new" replacement computers for the HP Class because "Section 2.6" in the final settlement (August 2010) did not have such conditional clause.

He used these statements to buttress his claim that Milberg had an "adversarial" relationship with NVIDIA.

However, in the October 2010 declaration by Westerman, he stated that one of the reason why Judge Ware should approve the settlement was the fact that "a new HP replacement notebook" that is "like or similar in kind and equal or similar value"

If he did indeed had an adversarial role and was able to get new computers, I thought it was odd why NEGLECTED to leave out "HP notebook" and "like or similar in kind and equal value" settlement terms during his March 28th hearing?

Read more here

 

I kinda agree sure some of the components in the CQ56 are superior to that of the dv6105us, but the dv6105us likely initially ran alot better with Windows XP Media Center than the CQ56 will run with Windows 7.
The truth is alot of the hardware had to be upgraded to run Windows 7 to get the same or similar everyday performance as a machine running Windows XP Media Center (Which I would argue is more equivalent to 7 Ultimate). Ofcourse if you bought a dv6105us with Vista thats another story then Windows 7 may be considered a performance upgrade.

That said its the details that count and the truth is the dv6015 was a HP Entertainment PC, the Compaq is not a HP Entertainment PC.
Its missing the TV out, Media Remote, superior sound quality, fax and Expansion options that you had on the dv6105us.
More importantly though what this change in class also means is that the build quality of the CQ56 is poor compared to any HP Entertainment PC (current or past). If you search the web youll see a number of complaints about the CQ56 notably:

Poor trackpad and mouse buttons. Poor sound. Keyboard issues (keys falling off), basically the CQ56 is not similar in kind and value the keyboard/mouse makes it almost unuseable on a regular basis. I tried the CQ56 on display in BestBuy and let me tell you the Keyboard and touchpad are in no way superior to that on a dv6105us it makes the CQ56 unusable at least for me.

When you buy into a different brand or class or machines even if you enter at the lower end of that class you get the build quality of that class of machines.

I would make the arguement that any HP Entertainment PC would be an acceptable replacement for your HPdv6105us, but the CQ56 is not.
It is neither in the same brand or class as your old machine, which is what I would consider similar in Kind and Value.

 

Dave234 - welcome to NBR Forum. Thank you for joining in our discussion. Please feel free to vote NO based on your insightful commentary. I doubt that any of us disagree with your comments about the CQ56 not being a legitimate replacement notebook of "like or similar kind and value."

I have not touched a CQ56 at BestBuy yet, so the information about the crappy keyboard is enlightening. I was considering scoping one out at BestBuy, but I was putting it off to avoid being frustrated and more disappointed than I am already.

We can save the Windows XP versus Windows 7 debate for another thread devoted to that topic, as there would be some serious disagreement on that point. (It would be difficult to successfully argue that the Windows 7 Home Premium is not a significant technological upgrade to XP or Vista.) Our focus with Milberg and NVIDIA has been that the hardware fails to satisfy the provisions of the settlement that have been agreed to and approved by the court.

We look forward to hearing more from you, Dave. Again, welcome!

 

I can pretty much guarantee my hands will never touch a cq56 Period!!

 

Well put

 

Asus EEE T101MT EU37-BK

Here is the first page I have seen with specifications and the EU37 name.
They are listing the price as $599.00

 

Beautiful !!

It comes with Windows7 Starter, but doesn't work as a tablet unless you upgrade to Home Premium or higher. Truly brilliant !!!!

As an aside, needing a small computer with a decent HDD and an SD slot for an upcoming trip, I picked up an Acer Aspire One with the same 570 dual core Atom processor at Costco for $299. After removing the bloatware, and installing windows home premium - but even before upgrading the memory from 1GB to 2GB it actually seems pretty perky - for a Netbook. The dual core atom processors haven't gotten great reviews, but maybe they perform better in the real world, with a real copy of win7 than they do in benchmarks. Could it really be any worse than a Compaq cq56?

Just a stopgap, until we get what we really deserve from Nvidia )

 

I bought my wife the acer aspire one 14 months later with real light use the mobo failed. They will fix it for 99 bucks, they have a high failure rate on mobo's get the extended warranty.They have really crappy customer service.IMHO worse than hp if that is possible.