The game consoles were bound for Flextronics Industrial in Hong Kong via Long Beach, Calif., when the BNSF freight train derailed, resulting in "impact damage, wetting, pilfering, and shortage" of the consoles according to the complaint filed in the United States District Court in the Western District of Washington at Seattle on October 9, 2008. According to Exhibit A attached to the complaint, the 21,600 XBoxes were in 11 containers that  were on the rail cars that derailed.

 DHL has filed it's answer and along with the usual affirmative defenses, DHL alleges that Microsoft's damages would be limited to $500.00 per package under the United States Carriage of Goods by Sea Act of 1936.  DHL has also filed a third party complaint  against  CMA CGM (America) and the BNSF Railway.

In comments published in Traffic World Magazine "DHL confirms that Microsoft has filed a claim regarding the shipment of its Xboxes…[and is] committed to resolving this with our customers".