Case Detail

Microsoft Corp. v. Baker
On June 12, 2017, the Supreme Court unanimously overturned a Ninth Circuit decision that granted plaintiffs immediate appeal rights to which federal law does not entitle them. The decision was a victory for WLF, which filed a brief in the case. The case involved an appeal from the district court’s interlocutory order on class certification—an order that a Ninth Circuit panel had already refused interlocutory appeal. The majority agreed with WLF that the statute governing appeals strictly limits appeals to final decisions, and that a pre-trial order denying class certification does not become “final” because plaintiffs strategically elect to dismiss their case with prejudice. Justices Thomas, Roberts, and Alito concurred in the judgment but would have held that the plaintiffs’ stipulated dismissal with prejudice rendered the case moot when it destroyed the adversity necessary for a live “case” or “controversy” under Article III of the U.S. Constitution—a point WLF also advanced.
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