Jurisdiction – Class Certification Review

By: Derek Hawkins//June 21, 2017//

Listen to this article

United States Supreme Court

Case Name: Microsoft Corp. v. Baker, et al

Case No.: 15-457

Focus: Jurisdiction – Class Certification Review

Federal courts of appeals lack jurisdiction under §1291 to review an order denying class certification (or, as here, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice.

Section 1291’s final-judgment rule preserves the proper balance between trial and appellate courts, minimizes the harassment and delay that would result from repeated interlocutory appeals, and promotes the efficient administration of justice. This Court has resisted efforts to stretch §1291 to permit appeals of right that would erode the finality principle and disserve its objectives. See, e.g., Mohawk Industries, Inc. v. Carpenter, 558 U. S. 100, 112. Attempts to secure appeal as of right from adverse class certification orders fit that bill.

Reversed and remanded

Dissenting:

Concurring: Thomas, Roberts, Alito

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event