Utah People's Post

The Latest News from the Beehive State

Saturday, June 25, 2022
Log in
  • National News
    • Female Caseworker Killed & Doctor Shot in Philadelphia
  • State News
    • Car Chase Leads to Drug Arrest
  • Tech & Science
  • Health
    • How to Prepare For Ticks Season
    • Magical Weight Loss Bean Scam
  • Sports
  • Business
You are here: Home / Technology / Class Action Suit Against Microsoft: Xbox 360 Console Scratches Disks

Class Action Suit Against Microsoft: Xbox 360 Console Scratches Disks

January 16, 2016 Posted by Nathaniel Hooper

xbox 360

Microsoft is facing a huge class-action lawsuit over a claim that Xbox 360 console has a design defect that scratches disks. The Supreme Court has announced on Friday that it will hear an appeal from the tech company, according to an Associated Press report.

The federal court will review a ruling made by the Ninth Circuit Court of Appeals back in March 2015 to see if the plaintiffs can challenge a lower court’s decision to deny their application for class certification.

Unlike individual lawsuits – which are often too expensive for the plaintiffs to pursue – class action suits can lead to much larger damages or a wider range of legal corrections.

More than 80 million Xbox 360 consoles have been sold ever since their initial release in November 2005. Over the console’s prolonged life span, Microsoft said that only 0.4 percent of owners reported a game disk being scratched. Even then, the consumer’s incorrect use of the console was usually the cause, and not a problem with the product.

The current plaintiffs had attempted another class action suit back in 2012, but their claims were thrown out by federal judge who determined there weren’t enough complaints. Later however, a federal appeals court gave it the green light, leading to the upcoming hearing.

According to Reuters, the 9th U.S. Circuit Court of Appeals in Seattle ruled last year that an error was made when the lower court judge determined the plaintiffs couldn’t file a class action suit.

As specified in the plaintiffs’ claims, the console’s optical disc drive cannot handle disk games due to poor design, and even small vibrations or disturbances can scratch a disk and permanently damage it.

Circuit Judge Johnnie Rawlinson addressed two issues in a statement regarding the appeals court’s decision:  “Plaintiffs’ breach of express warranty claim presents a common factual question – is there a defect? – and a common mixed question of law and fact – does that defect breach the express warranty?”

The judge added that the district court made an error when it ruled “that individual issues of causation predominate over these common questions.” However, the change in the course of the lawsuit didn’t deter Microsoft from believing it would win the case.

The tech company highlighted the fact that this case is crucial to the correct administration of the class device. If plaintiff lawyers have the ability to challenge all the rulings of district courts rejecting class certification, that will pressure companies to settle for a fee rather than go to the lengthy process of going to court.
Image Source: CBS

Share this:

  • Tweet
  • Share on Tumblr
  • Email

Filed Under: Technology

Woman working out at the gym

Just 23% of Americans Are Working Out Enough in Their Spare Time

June 29, 2018 By Amelia Donovan

Poliovirus Therapy Gives Brain Cancer Patients New Hope (Study)

June 29, 2018 By Amelia Donovan

United Airlines airplane

Passenger Mysteriously Dies on United Airlines flight Bound for Boston

June 28, 2018 By Amelia Donovan

Breakfast sandwich

Here Are Some Foods No Nutritionist Would Ever Eat

June 27, 2018 By Amelia Donovan

Poppy flower

UN Warns of Surge in Opium-based Drugs and Cocaine Supply

June 27, 2018 By Amelia Donovan

U.S.-Canada border

French Jogger Detained 2 Weeks for Accidentally Crossing Border

June 26, 2018 By Amelia Donovan

Plus size model

Normalizing Plus Size Could Fuel Obesity Crisis (Study)

June 25, 2018 By Amelia Donovan

Giant manta ray

Unique Manta Ray Nursery Spotted off Texas Coast

June 23, 2018 By Amelia Donovan

The rainbow flag

WHO Scraps Transgenderism from List of Mental Illnesses

June 22, 2018 By Amelia Donovan

456 People Dead at U.K. Hospital after Taking too Many Painkillers

June 21, 2018 By Amelia Donovan

Kenyan girls dancing

Kenyans Facing Poor Nutrition as Supermarket Shopping Is on the Rise

June 20, 2018 By Amelia Donovan

Pages

  • About
  • Contact
  • Privacy Policy GDPR
  • Staff
  • Terms and Conditions

Recent Posts

  • Just 23% of Americans Are Working Out Enough in Their Spare Time
  • Poliovirus Therapy Gives Brain Cancer Patients New Hope (Study)
  • Passenger Mysteriously Dies on United Airlines flight Bound for Boston
  • Here Are Some Foods No Nutritionist Would Ever Eat
  • UN Warns of Surge in Opium-based Drugs and Cocaine Supply
  • French Jogger Detained 2 Weeks for Accidentally Crossing Border
  • Normalizing Plus Size Could Fuel Obesity Crisis (Study)

Related Articles

  • Vintage radio

    Samsung Equipping Its Smartphones with Active FM Chips

    Jan 14, 2018
  • Apple Watch user

    Apple Is Officially the World’s Largest Wearable Producer

    Nov 16, 2017
  • Overwatch logo on a black background

    Hundreds of Chinese Players Get Banned from Playing Overwatch

    Nov 5, 2017
  • Captcha test displaying a series of letters

    Advanced AI System Manages to Fool Captcha Tests and Pass as Human

    Oct 28, 2017
  • Facebook app on a black phone

    Publishers Worldwide Are Afraid of Facebook’s News Feed Experiment

    Oct 25, 2017
  • Woman writing texts on an iPhone

    Japanese Company Sues Apple for the Animoji Trademark

    Oct 22, 2017
  • Teenagers looking at their smartphones

    Facebook Acquires the Teen Favorite App Tbh

    Oct 18, 2017
  • Mark Zuckerberg talking at a conference

    Zuckerberg Apologizes for the VR Video about Puerto Rico

    Oct 12, 2017
  • Presentation of Adblock Plus

    Malicious Developers Tricked Thousands of People with a Fake Adblock Plus Extension

    Oct 11, 2017
  • Master Chief jumping in a cave

    Microsoft Hides Clever Easter Egg Inside the Xbox One X Console

    Oct 8, 2017

Categories

  • Business
  • Entertainment
  • Health
  • National News
  • Nature
  • Provo
  • Salt Lake News
  • Science
  • Sports
  • State News
  • Tech & Science
  • Technology
  • Uncategorized
  • West Jordan
  • West Valley City
  • World

Copyright © 2022 utahpeoplespost.com

About · Privacy Policy · Terms of Use · Site Map · Contact