The U.S. Supreme Court added another class action case to its argument docket on Friday, agreeing to determine the fate of an “end run” tactic used by plaintiffs to appeal the denial of class certification.
The court granted certiorari in Microsoft v. Baker, a dispute over a class action brought by Xbox 360 purchasers who blame the company for scratched discs. In 2012, the U.S. District Court for the Western District of Washington struck down the class allegations. That would ordinarily leave plaintiffs with the option of pursuing individual claims until final judgment, before the denial of class certification could be appealed.
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