Justices To Review 9th Circ. Ruling In Defective Xbox Suit
Law360, New York (January 15, 2016, 8:00 PM EST) -- The Supreme Court said on Friday it will hear Microsoft's appeal of a Ninth Circuit order reviving class claims in a suit over allegedly defective Xbox game consoles, but only on whether the federal appellate court had jurisdiction to consider the suit after it was voluntarily dismissed.
Microsoft wants a reversal of the Ninth Circuit's ruling resurrecting Seth Baker's suit alleging the company's Xbox consoles were defective and scratched game discs. The company argues that when Baker's class claims were stricken and he failed to get an interlocutory appeal, he shouldn't have been able to voluntarily dismiss his individual claims to...
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