United States Ninth Circuit

The district court's stipulated dismissal and order striking class allegations in this diversity action brought by a putative class of owners of defendant's Xbox 360 video game console, alleging a design defect in the console that gouged game discs, is reversed and the case is remanded for further proceedings, where: 1) this court had jurisdiction to hear the appeal because the district court's dismissal of the action with prejudice was a sufficiently adverse and appealable final decision, even though the dismissal was the product of a stipulation; and 2) the district court's decision striking the class action allegations from the complaint contravened the decision in Wolin v. Jaguar Land Rover N. Am., LLC, which rejected the notion that individual manifestations of a defect precluded resolution of the claims on a class-wide basis.

Appellate Information

• Decided 03/18/2015
• Published 03/18/2015

Judges

• Rawlinson

Court

• United States Ninth Circuit

Counsel