produces, licenses, sell and supports electronic products, software and services (Microsoft, n.d.). It is one of the biggest and most successful corporations in the world! In June 2017, the company made a net revenue of over 89.5 billion dollars! The group of unhappy consumers are those that own the world-renowned Xbox 360. While the owners were playing their video games, they claim that the required game discs would come loose and scratch crucial parts to the consoles
which would end up destroying the console. This sort of issue lies in the category of a breach of warranty. Because of this infuriating result, Seth Baker and a group of plaintiffs seek for justice and file a class action suit against Microsoft Corporation. The district court then denied the class certification and confirmed that the individual parties would have to decide and review on their own. However, the issue at hand is that Baker decides to dismiss the district court case with prejudice and appeal to the Appeals Court. On appeal, the defendant argued that the Court of Appeals should dismiss the case because baker’s voluntary dismissal with prejudice should not create proper appellate jurisdiction according to Federal Rule of Civil Procedure 23 (f). However, the Appeals Court reversed the case and claimed that the district court had applied the law in the incorrect way and abused its jurisdiction to dismiss the class action. Procedural History In the district court, the plaintiffs were denied class certification and confirmed that the individual parties would have to review on their own. The defendant, Microsoft, won in the district court. The plaintiff, Baker and the other consumers, dismiss the case with prejudice after the district court’s decision. In the Court of Appeals, the judgement from the district court is reversed and the plaintiffs win. The Ninth Circuit claims that the District Court abused its jurisdiction with denying the class certification (Microsoft vs. Baker, n.d.).
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