SCOTUS Likely Won't Hear Xbox Class Action This Term

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By Perry Cooper

March 7 — Conspicuously absent from the U.S. Supreme Court's April calendar is an oral argument date for a class action over defective Microsoft Xbox 360 video game systems.

April is the last scheduled month for the Justices to hear oral arguments in the current term.

The court may have decided to put off argument in the case until a replacement for Justice Antonin Scalia has been confirmed to avoid a 4-4 stalemate in the case.

Microsoft asked the court to consider the propriety of the plaintiffs' decision to voluntarily dismiss their claims with prejudice to guarantee their right to appeal an unfavorable certification decision.

The plaintiffs alleged that a design defect caused the video game console to destroy game discs.

Attorneys for both parties declined to comment on the significance of the court's scheduling decision.

Keller Rohrback LLP and others represent the plaintiffs.

Montgomery, McCracken, Walker & Rhoads LLP, Davis Wright Tremaine LLP and Jeffrey L. Fisher in Stanford, Calif., represent Microsoft.

To contact the reporter on this story: Perry Cooper in Washington at

To contact the editor responsible for this story: Jeffrey D. Koelemay at