Microsoft Corp. v. Baker
Holding
Federal courts of appeals lack jurisdiction under 28 U.S.C. 1291 to review an order denying class certification (or, as in this case, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice.
Judgment
Reversed and remanded, 8-0, in an opinion by Ruth Bader Ginsburg on Jun 12, 2017. Justice Thomas filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Alito joined. Justice Gorsuch took no part in the consideration or decision of the case.
Oct 9, 2015Petition for a writ of certiorari filed. (Response due November 12, 2015)
Oct 28, 2015Order extending time to file response to petition to and including December 14, 2015.
Oct 28, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 11, 2015Brief amici curiae of Washington Legal Foundation, et al. filed.
Nov 12, 2015Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Nov 12, 2015Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 12, 2015Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
Dec 14, 2015Brief of respondents Seth Baker, et al. in opposition filed.
Dec 22, 2015DISTRIBUTED for Conference of January 8, 2016.
Dec 22, 2015Reply of petitioner Microsoft Corporation filed. (Distributed)Jan 11, 2016DISTRIBUTED for Conference of January 15, 2016.
Jan 15, 2016Petition GRANTED limited to the following Question: Whether a federal court of appeals has jurisdiction under both Article III and 28 U. S. C.
Feb 23, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 2, 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 11, 2016.
Mar 2, 2016The time to file respondents' brief on the merits is extended to and including May 16, 2016.
Mar 11, 2016Joint appendix filed. (Statement of costs received.)
Mar 11, 2016Brief of petitioner Microsoft Corporation filed.
Mar 17, 2016Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
Mar 17, 2016Brief amicus curiae of Pacific Legal Foundation filed.
Mar 18, 2016Brief amici curiae of Washington Legal Foundation, et al. filed.Mar 18, 2016Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Mar 18, 2016Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.Mar 18, 2016Brief amici curiae of Civil Procedure Scholars filed.
May 16, 2016Brief of respondents Seth Baker, et al. filed.
May 23, 2016Brief amicus curiae of Public Justice, P.C. filed.
May 23, 2016Brief amici curiae of Complex Litigation Law Professors filed.
May 23, 2016Brief amicus curiae of Public Citizen, Inc. filed.
Jun 15, 2016Reply of petitioner Microsoft Corporation filed.
Feb 3, 2017SET FOR ARGUMENT on Tuesday, March 21, 2017
Feb 3, 2017Record requested from the U.S.C.A. 9th Circuit.
Feb 6, 2017Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER. Also received SEALED pleadings.
Feb 9, 2017CIRCULATED.
Mar 21, 2017Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondents: Peter K. Stris, Los Angeles, Cal.
Jun 12, 2017Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Alito, J., joined. Gorsuch, J., took no part in the consideration or decision of the case.
Jul 14, 2017JUDGMENT ISSUED.
Recommended Citation: Microsoft Corp. v. Baker, SCOTUSblog, https://www.scotusblog.com/cases/microsoft-corp-v-baker/