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January 15, 2016

High court will hear Microsoft appeal over Xbox lawsuit

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The Supreme Court will decide whether Microsoft Corp. must face a class action lawsuit by disgruntled owners of the Xbox 360 video-game system who say the console has a design defect that scratches game disks.

The justices agreed Friday to hear an appeal from Microsoft arguing that individual claims by the plaintiffs had previously been thrown out.

Microsoft has sold more than 80 million Xbox 360 consoles and says only 0.4 percent of owners report disk scratching. The company says any damage is the result of consumer misuse and not a product defect.

A federal judge dismissed the lawsuit in 2012, ruling there were not enough complaints to justify a class action. But a reversed, saying it could go forward.

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