Baker v. Microsoft Corp.
851 F. Supp. 2d 1274
W.D. Wash.2012Background
- Plaintiffs allege Xbox 360 consoles are inherently defective, scratching and permanently damaging discs.
- Plaintiffs sue on behalf of two proposed nationwide classes: Console Class and Damaged Disc Class.
- This action mirrors the Scratched Disc Litigation where Judge Coughenour denied class certification.
- Ninth Circuit Wolin decision reversed Gable’s view on class certification prerequisites, affecting the law on causation and injury issues.
- Plaintiffs contend Wolin changes the controlling law and defeats comity-based preclusion of class treatment.
- Court grants Defendant’s motion to strike class allegations, relying on comity and the Certification Denial Order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wolin rebut the presumption against aggregate treatment? | Wolin constitutes a change in law binding this court. | Wolin does not change the controlling law and comity favors the prior ruling. | No; presumption preserved; Wolin does not rebut. |
| Are Damaged Disc Class claims amenable to class treatment? | Wolin supports class treatment for all Xbox 360 disc damages. | Individual causation predominates due to multiple possible causes. | Damaged Disc Class is not suitable for class certification. |
| Are Console Class claims amenable to class treatment? | All consoles share an inherent defect; class treatment is appropriate. | Individual causation and damages predominate; class treatment inappropriate. | Console Class is not suitable for class certification. |
| Should the court apply comity and defer to the Certification Denial Order? | Comity requires recognizing Wolin as controlling change in law. | Comity supports deferring to the prior denial based on the certification record. | Court applies comity and defers to the Certification Denial Order. |
Key Cases Cited
- Smith v. Bayer Corp., 131 S. Ct. 2368 (2011) (comity in class certification disputes; collateral estoppel limits)
- Wolin v. Jaguar Land Rover North Am., LLC, 617 F.3d 1168 (9th Cir. 2010) (manifestation not prerequisite to class certification; causation issues may still predominate)
- Carnegie Nat. Bank v. City of Wolf Point, 110 F.2d 569 (9th Cir. 1940) (courts should not overrule each other’s decisions lightly; comity)
- Barapind v. Reno, 225 F.3d 1100 (9th Cir. 2000) (stare decisis and comity considerations in relief and certification contexts)