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

Mark Coppock

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 that Microsoft must address a design flaw that causes game disks to be damaged while 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).