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Proteva Suit Certified as Class Action

January 5, 2002
A judge in Chicago has allowed a lawsuit against Proteva Computer Corp. and Home Shopping Network to move forward as a class action. Judge Julia Nowicki of the Circuit Court of Cook County certified the suit as a class action but restricted it to residents of Illinois.

Attorney Clifford Horwitz said the ruling was "a major step forward" and would allow the case to proceed. A similar lawsuit in Florida will cover plaintiffs nationwide, he said.

The suit was origianlly filed in September 1999. It accuses the companies of defrauding consumers by failing to provide adequate technical support, failing to mail rebates and using used parts in their products.

"It's unfortunate that so many people spent all of their spare money buying these computers, only to find, far too often, that the computer never worked properly," Horwitz said.

Proteva filed a Chapter 11 bankruptcy petition with the U.S. District Court in Chicago shortly before the suit was filed, citing debt of more than $10 million to Microsoft, 3Com, Federal Express and other vendors. Horwitz said the suit would proceed despite the filing.

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