Microsoft's motion to dismiss a Madison County suit over its X-Box 360 video game system will be heard Wednesday.
The maker of Windows operating systems and X-Box products is asking Circuit Judge Daniel Stack to throw out a first amended complaint of plaintiff Jason Johnson.
Stack had previously dismissed Johnson's original complaint in July but allowed him to amend it.
Johnson is suing the company for $50,000 and costs.
Stack struck Johnson's punitive damages claim from his original suit in a ruling July 30.
In the amended complaint, Johnson alleges Microsoft sold a defective product that damaged games he had purchased, such as Rock Band. He alleges the company failed to take proper measures to ensure that the game console's design would not damage users' personal property.
Johnson argues the device scratches games discs and that the company words its warranty in such a way as to make it impossible for users experiencing the so-called "Red Ring of Death," and other problems. The plaintiff also cites the company's disc replacement policy that only pertains to 12 games in his complaint.
Johnson is seeking damages of for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of implied warranty, strict product liability, and negligence. He seeks actual damages of the cost of replacing the defective X-Box, his own costs, attorneys' fees and additional relief granted by the court.
The hearing is set for Sept. 2 at 2 p.m.
Johnson is represented by Emily Johnson of Alton.
Microsoft is represented by Robert Shultz.
The case is Madison case number 08-L-1141.