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Microsoft takes Xbox 360 class action appeal to the U.S. Supreme Court

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Published onJanuary 15, 2016

published onJanuary 15, 2016

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Last year, a class action suit against Microsoft over issues with the Xbox 360 was allowed to proceed by the 9th U.S. Circuit Court of Appeals in Seattle. The suit alleges thatMicrosoft must address a design flaw that causes game disks to be damagedwhile Microsoft counters that only a small percentage of users (0.4%, to be precise) are affected and thus the issue must be due to user error.

It seems that Microsoft disagrees with the lower court, however, that a class action lawsuit is appropriate, and is appealing to the highest court in the land. That would be the U.S. Supreme Court, of course, which has agreed to consider the case and put the question on the docket,according to Reuters.

Previously, the case was dismissed by U.S. District Judge Ricardo Martinez due to a dearth of complaints (hence the significance of the 0.4%). Previous case law suggested that class action suits like the one against Microsoft need to reach a certain threshold of complaints to reach class action status.

The U.S. Supreme Court will be addressing the case titled Microsoft Corp v. Baker, No. 15-457. Xbox 360 users with ruined disks will no doubt be paying close attention to the case (or just checking back with WinBeta to learn about the Court’s decision).

Radu Tyrsina

Radu Tyrsina has been a Windows fan ever since he got his first PC, a Pentium III (a monster at that time).

For most of the kids of his age, the Internet was an amazing way to play and communicate with others, but he was deeply impressed by the flow of information and how easily you can find anything on the web.

Prior to founding Windows Report, this particular curiosity about digital content enabled him to grow a number of sites that helped hundreds of millions reach faster the answer they’re looking for.

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Radu Tyrsina