Judge Denies Request To Post Compaq Documents On InternetJudge Denies Request To Post Compaq Documents On Internet

BEAUMONT, Texas (AP) -- A state judge Thursday denied a request by lawyers suing Compaq Computer who wanted to post on the Internet company documents they say would show the company knowingly sold 1.8 million computers with defective floppy-disk controllers.

The lawyers said posting the documents would counter Compaq's claims that no defect existed.

The class-action lawsuit, first filed in federal court in Beaumont in 1999, alleges Compaq knowingly sold Presario computers with a defective chip that caused loss or corruption of data saved to floppy disks.

Among the unsealed documents plaintiffs sought to publicize were internal Compaq memos about the defect and engineers giving its solution top priority.

Compaq contends the defect never existed and said when it learned of the lawsuit the company informed computer owners of a software patch which could be installed to protect their computer from floppy-disk controller problems.

Compaq attorney Alistair Dawson said the plaintiffs weren't going to post objective information on the Internet, as required by court rules.

A federal judge dismissed the Compaq suit in March 2001. In July, state District Judge Gary Sanderson certified a second lawsuit filed in state court in 2000 as a class action. Compaq, which was sued before its 2002 purchase by Hewlett-Packard Co., is appealing that certification to the Texas Supreme Court.

In a statement, HP lauded Sanderson's Thursday ruling as an effort to "ensure a balanced presentation is given to customers."

The Compaq case and a similar lawsuit by the state of California against HP were filed after the same plaintiffs' lawyers sued Toshiba Corp. earlier in 1999. That suit alleged Toshiba knowingly sold flawed computers.

Toshiba, which had denied the allegations, settled the class-action suit in 1999 for $2.1 billion without admitting liability.

In California, the state attorney general's office is pursuing a false-claims investigation of HP.