Microsoft Corp. v. Baker

Summary

The Supreme Court held that federal courts of appeals lack jurisdiction under 28 U.S.C. § 1291 to review an order denying class certification after named plaintiffs voluntarily dismiss their claims with prejudice. The Court concluded that this tactic undermines § 1291's final-judgment rule and circumvents the discretionary interlocutory-appeal procedure established by Federal Rule of Civil Procedure 23(f). The judgment of the Ninth Circuit was reversed and the case remanded.

Holdings

1. Federal courts of appeals lack jurisdiction under 28 U.S.C. § 1291 to review an order denying class certification, or functionally equivalent order striking class allegations, after named plaintiffs voluntarily dismiss their claims with prejudice.
2. A plaintiff may not bypass Rule 23(f)'s discretionary review regime and obtain an appeal as of right from an adverse class-certification ruling by voluntarily dismissing the underlying claims with prejudice.

Questions Presented

1. Whether a federal court of appeals has jurisdiction under 28 U.S.C. § 1291 to review an order denying class certification or striking class allegations after the named plaintiffs voluntarily dismiss their individual claims with prejudice.
2. Whether the voluntary-dismissal procedure is consistent with the discretionary interlocutory-appeal regime established by Federal Rule of Civil Procedure 23(f).

Disposition

reversed_and_remanded