Microsoft v. Baker

This Supreme Court case presents the question whether a federal court of appeals has jurisdiction under 28 U.S.C. 1291 and Article III to review an order denying class certification after the named plaintiffs voluntarily dismissed their individual claims with prejudice.  We filed an amicus brief explaining that, regardless of whether the named plaintiffs’ individual claims can be reinstated on appeal, the court of appeals has jurisdiction over the class claims. In its opinion dated June 12, 2017, the Supreme Court held that the dismissal of the case did not make the denial of class certification appealable as a final judgment under section 1291, and did not reach the question whether there was an Article III case or controversy, which was the subject of our brief.