Legal Opinion

Fiser v. Dell Computer Corp.

New Mexico Court of Appeals

Decided April 30, 2007No. 25,862PublishedCited by 6 opinions

1Opinion of the Court

OPINION

ROBINSON, Judge.

{1} Plaintiff Robert Fiser (Fiser) appeals an order staying his class action complaint for breach of contract, statutory violations, and equitable relief against Defendant Dell Computer Corporation, a/k/a Dell, Inc. (Dell), and compelling arbitration. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

{2} Fiser ordered a Dell Dimension 4600 computer from Dell’s website on November 13, 2003. After receiving the computer, Fiser determined that the amount of memory was less than what was represented on the website. On July 8, 2004, Fiser filed a putative class action suit,…

2Cases cited67 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  3. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  4. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  5. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991

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3Cited by6 opinions

  1. Fiser v. Dell Computer CorporationNew Mexico Supreme Court · 2008
  2. State v. CaldwellNew Mexico Court of Appeals · 2008
  3. Carl Kelley Construction LLC v. Danco TechnologiesDistrict Court, D. New Mexico · 2009
  4. Medina v. HolguinNew Mexico Court of Appeals · 2008
  5. State Ex Rel. King v. American Tobacco Co.New Mexico Court of Appeals · 2008

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