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United States Ninth Circuit

Baker v. Microsoft Corp., 12-35946

In diversity action brought by a putative class of owners of Microsoft Corporation's Xbox 360 video game console, alleging a design defect in the Xbox console that gouged game discs, the district court's decision striking the class allegation, concluding that comity required deferral to an earlier class certification denial from another district court decision involving a similar putative class, is reversed where there was jurisdiction under 28 U.S.C. section 1291 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.

Appellate Information

  • Decided 07/20/2015
  • Published 07/20/2015


  • Rawlinson


  • United States Ninth Circuit


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