Bad Software: What To Do When Software Fails.

Court Cases

• Alm v. Van Nostrand Reinhold (content liability)
• The Bremen v. Zapata Offshore Co. (forum selection)
• Burroughs Corp. v. Hall Affiliates (negligent misrepresentation)
• Carnival Cruise Lines v. Shute (forum selection)
• Clayton X-Ray v. Professional Systems (conversion; computer tampering with former customer)
• Family Drug Store of New Iberia v. Gulf States Computer (disappointing but honestly marketed software)
• Hill v. Gateway 2000 (Shrink-wrapped arbitration clause upheld)
• General Motors v. Johnston (defective fuel injector PROM)
• Louisiana AFL-CIO v. Lanier Business Products (liability for disappointing user interface)
• Lorbrook Corp. v. G & T. Industries (forum selection)
• MAI Systems Corp. v. Peak Computer (license-based restriction on service competition)
• Occidental Chemical Corp. v. Elliott Turbomachinery (damages limitation clause)
• Orthopedic & Sports Injury Clinic v. Wang Labs (service provider negligence)
• ProCD v. Zeidenberg (copyright restriction upheld in shrink-wrapped license)
• Rockport Pharmacy, Inc., v. Digital Simplistics, Inc (property damage and computer data)
• Step-Saver Data Systems v. Wyse Technology & The Software Link (warranty disclaimer invalid in shrink-wrap)
• Transport Corporation of America v. International Business Machines (property damage and computer data)
• TRWL Financial v. Select International, Inc. (Forum selection clause)
• Winter v. G.P. Putnam's Sons (content liability)

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The articles at this web site are not legal advice. They do not establish a lawyer/client relationship between me and you. I took care to ensure that they were well researched at the time that I wrote them, but the law changes quickly. By the time you read this material, it may be out of date. Also, the laws of the different States are not the same. These discussions might not apply to your circumstances. Please do not take legal action on the basis of what you read here, without consulting your own attorney.

Questions or problems regarding this web site should be directed to Cem Kaner, kaner@kaner.com, P.O. Box 1200, Santa Clara, CA 95052.

Last modified: Sunday October 26, 1997. Copyright © 1997, Cem Kaner. All rights reserved.