The “Vista Capable” class action law suit we reported on earlier this month might be dead in the water before it even gets started:“Friday, Microsoft petitioned the Ninth Circuit Court of Appeals to hear its challenge of the case’s class-action status, which was granted two weeks ago by U.S. District Court Judge Marsha Pechman. The company also filed a separate motion with Pechman on Thursday, asking her to stay the lawsuit’s proceedings pending the appeal.”We’ll be sure to keep you informed as the situation