Microsoft Corp. and allies in the business community are asking an appeals court to reconsider a ruling for a group of Xbox purchasers, arguing that the decision gives class action plaintiffs an unfair opportunity to bring cases back from the dead.
On March 18, the U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of class allegations in a suit brought by consumer plaintiffs, represented by Keller Rohrback, who claim a defect in the Microsoft’s Xbox 360 console causes disc scratches that can ruin video games. The Ninth Circuit appeal followed a lower court order that struck the class claims, and a stipulation of dismissal with prejudice by Seth Baker and the other named plaintiffs.
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