Chicago’s Rusty Perdew, a Partner in the Firm’s Class Actions Practice Group, provided insight on the U.S. Supreme Court’s decision that a consumer alleging Microsoft Xbox 360 game consoles are defective can't appeal a class certification. Following the denial of class certification in 2012, the lead plaintiff in the case voluntarily dismissed his individual claims with prejudice and then appealed, which many noted was an unusual maneuver. Perdew noted: “They threw something of a ‘hail Mary.’ For a while they were doing great, and Microsoft had to throw the ‘hail Mary’ for Supreme Court review.”
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