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Case Detail


Microsoft Corp. v. Baker
On March 18, 2016, WLF asked the U.S. Supreme Court to overturn a Ninth Circuit decision that effectively grants plaintiffs immediate appeal rights to which federal law does not entitle them. The case involves plaintiffs’ attempt to appeal from the district court’s interlocutory order striking the plaintiffs’ class allegations from the complaint—an order for which a panel of the Ninth Circuit had already refused interlocutory appeal—by voluntarily dismissing their entire case, with prejudice. In its amicus brief on the merits, WLF argued that permitting plaintiffs (and only plaintiffs) automatic immediate appeals from denials of class certification will encourage multiple, piecemeal appeals from a single lawsuit and will undermine the evenhanded administration of justice. WLF’s amicus brief was joined by the National Association of Manufacturers, the International Association of Defense Counsel, and the NFIB Small Business Legal Center.
Case Status:
Awaiting oral argument.
More Information and Downloads:
4/13/2015: Download the Brief
11/11/2015: Download the Brief
3/18/2016: Download the Brief
Legal Newsline:  U.S. SC to hear Microsoft appeal over class action lawsuit filed by Xbox 360 owners 
Press Release: WLF Asks En Banc Court to Overrule Panel Decision Granting Plaintiffs New Rights to Appeal Class Certification Denials
Press Release: WLF Asks Supreme Court to Overturn Ninth Circuit Decision Granting Plaintiffs Extra Appeals of Class Certification Denials
Press Release: In WLF Victory, Supreme Court Agrees to Review Decision that Granted Plaintiffs an Extra Appeal of Class-Certification Denial
Press Release: WLF Asks Supreme Court to Overturn Ninth Circuit Decision Granting Plaintiffs Extra Appeals of Class Certification Denials
Press Release: Supreme Court to Hear Oral Argument on Plaintiffs’ Procedural Gimmick for Appealing Class Certification Denials
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