Motion Filed to Dismiss Xbox 360 Overheating Lawsuit

In the motion to dismiss, Microsoft notes that “Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty. Moreover, Plaintiff does not allege that his Xbox 360 ever malfunctioned. He alleges only that “members of the class have experienced malfunctions” with their Xbox 360s – not that he has.

[March 29, 2006 Update: ars technica reports that On March 29, 2006, the complainant Robert Byers filed for voluntary dismissal of the case.]

Sources: Xbox 360 Fanboy | Xbox Today | Planet XBox 360

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