Class Actions -- 2017

Microsoft Corp. v. Baker   (U.S. Supreme Court)

Class certification

On November 11, 2015 the NAM, Washington Legal Foundation and International Association of Defense Counsel filed a joint amicus brief in support of petition before the Supreme Court. The petition presents a question of exceptional importance regarding the subject-matter jurisdiction of the federal appeals courts. Congress has granted the courts of appeals “jurisdiction of appeals from all final decisions of the district courts of the United States,” subject to limited exceptions. 28 U.S.C. § 1291. At issue here is whether §1291 provided the Ninth Circuit with appellate jurisdiction to review the district court’s order striking respondents’ class allegations from the complaint. The brief argues for the faithful adherence to the jurisdictional statutes Congress enacted to prevent multiple, piecemeal appeals from a single district court proceeding. By strictly limiting the occasions in which a party may appeal an adverse ruling, those federal appellate rules prevent the debilitating effect on judicial administration caused by piecemeal appeal disposition of what is, in practical consequence, but a single controversy.

The Court agreed to review the Ninth Circuit decision, and the NAM filed another amicus brief, this time on the merits in this matter.

The Court issued its ruling on June 12, 2017, ruling 8-0 that federal courts of appeals lack jurisdiction under §1291to review an order denying class certficiation (or, as here, an order striking class allegations) afer the named plaintiffs have voluntarily dismised their claims with prejudice.

Related Documents:
NAM amicus brief on the merits  (March 18, 2016)
NAM brief in support of petition  (November 11, 2015)


© 2019 National Association of Manufacturers