Today, Microsoft Corp. won a putative class action alleging a design defect in the defendant’s Xbox 360 video game console.
According to the Supreme Court of the United States blog, “Federal courts of appeals lack jurisdiction under 28 U.S.C. §1291 to review an order denying class certification (or, as in this case, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice.”
The judgment was reversed and remanded, 8-0, in an opinion by Justice Ruth Bader Ginsburg. Justice Clarence Thomas filed an opinion concurring in the judgment, in which Chief Justice John Glover Roberts Jr. and Justice Samuel A. Alito Jr. joined.
According to an Oyez.org case summary, the plaintiffs alleged that during regular game play, the discs would come loose due to vibrations and scratch against internal components of the gaming system, which rendered them permanently broken.
Because only 0.4 percent of consoles caused this issue with regular players, Oyez.org’s summary noted, the district court determined that a class action suit could not be certified and individuals in the suit would have to come forward on their own.