Microsoft — Major Class Action

Keller Rohrback LLP, Stueve Siegel Hanson LLP, Esensten Law, Kopelowitz Ostrow Ferguson Weiselberg Gilbert P.A., and Stritmatter Kessler Whellan Koehler Moore Kahler
Type of Engagement
Subject Matter
Class Action Procedure
U.S. Supreme Court

The Challenge

Persuading the Supreme Court that the federal rules of civil procedure governing class actions, as well as past precedent, should be applied without judicial revision.

The Engagement

At issue are involved questions of procedure and constitutional standing that would widely affect class actions across industries and market sectors. The firm was retained by plaintiffs’ trial counsel to brief and argue the matter. Oral argument was presented by Peter Stris, marking his seventh argument before the Court.



Key Case Materials

U.S. Supreme Court Oral Argument (Audio) (Transcript) (March 21, 2017)

Microsoft’s Reply Brief (June 15, 2016)

Our Brief for Respondents (May 16, 2016)

Microsoft’s Opening Brief (March 11, 2016)

Media Coverage

Microsoft’s Absence Shows SCOTUS Banking on 9th Justice (Bloomberg BNA, October 2, 2016)

Xbox Class Action Wrongly Revived, Microsoft Says (Top Class Actions, June 27, 2016)

Microsoft Can't Unplug Xbox Suit At High Court, Gamers Say (Law360, May 23, 2016) (subscription required)

High Court Told Xbox Owners Lack Stake In Defect Suit (Law360, March 21, 2016) (subscription required)

Supreme Court Delays Microsoft Class Action Arguments Until Next Term (National Law Journal, March 4, 2016) (subscription required)

U.S. High Court Will Consider Jurisdictional Debate In Xbox Suit (Lexis Legal News, January 19, 2016) (subscription required)

Microsoft Corporation (MSFT) Heads to Supreme Court (Business Finance News, January 17, 2016)

Supreme Court Takes Microsoft Appeal Over Class Action Revived From The Dead (Forbes, January 15, 2016)