Analysis

Justices Level Class Action Playing Field In Xbox Ruling

Law360, New York (June 12, 2017, 10:23 PM EDT) -- The U.S. Supreme Court’s decision that a consumer alleging Microsoft Xbox 360 game consoles are defective can't appeal a class certification order by using a tactic only available to plaintiffs levels the playing field between plaintiffs and defendants for class actions, attorneys say.

The high court’s ruling stemmed from a proposed class action filed in 2011 by lead plaintiff Seth Baker, who had claimed that the XBox 360 units scratched game discs. Following the denial of class certification the next year, Baker voluntarily dismissed his individual claims with prejudice and then appealed to the Ninth Circuit.

The Supreme Court’s decision, penned...

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