Microsoft Corp. v. Baker

Docket No.	Argument	Opinion	Vote	Author	Term
15-457	Mar 21, 2017	Dec 6, 2017	8-0	Ginsburg	OT 2016

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 Justice Ginsburg on December 6, 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.

SCOTUSblog Coverage

Opinion analysis: Justices reject lax rule permitting free review of decisions denying class certification (Ronald Mann, June 13, 2017)
Argument analysis: Justices dubious about free review of decisions denying class certification (Ronald Mann, March 21, 2017)
Argument preview: Justices finally to hear long-granted case on appellate review of decisions denying class certification (Ronald Mann, March 14, 2017)
Justices release March calendar (Amy Howe, February 3, 2017)

Date	Proceedings and Orders (key to color coding)
10/09/2015	Petition for a writ of certiorari filed. (Response due November 12, 2015)
10/28/2015	Order extending time to file response to petition to and including December 14, 2015.
10/28/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
11/11/2015	Brief amici curiae of Washington Legal Foundation, et al. filed.
11/12/2015	Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
11/12/2015	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
11/12/2015	Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
12/14/2015	Brief of respondents Seth Baker, et al. in opposition filed.
12/22/2015	DISTRIBUTED for Conference of January 8, 2016.
12/22/2015	Reply of petitioner Microsoft Corporation filed. (Distributed)
01/11/2016	DISTRIBUTED for Conference of January 15, 2016.
01/15/2016	Petition GRANTED limited to the following Question: Whether a federal court of appeals has jurisdiction under both Article III and 28 U. S. C.
02/23/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
03/02/2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 11, 2016.
03/02/2016	The time to file respondents' brief on the merits is extended to and including May 16, 2016.
03/11/2016	Joint appendix filed. (Statement of costs received.)
03/11/2016	Brief of petitioner Microsoft Corporation filed.
03/17/2016	Brief amicus curiae of DRI-The Voice of the Defense Bar filed.
03/17/2016	Brief amicus curiae of Pacific Legal Foundation filed.
03/18/2016	Brief amici curiae of Washington Legal Foundation, et al. filed.
03/18/2016	Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
03/18/2016	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
03/18/2016	Brief amici curiae of Civil Procedure Scholars filed.
05/16/2016	Brief of respondents Seth Baker, et al. filed.
05/23/2016	Brief amicus curiae of Public Justice, P.C. filed.
05/23/2016	Brief amici curiae of Complex Litigation Law Professors filed.
05/23/2016	Brief amicus curiae of Public Citizen, Inc. filed.
06/15/2016	Reply of petitioner Microsoft Corporation filed.
02/03/2017	SET FOR ARGUMENT on Tuesday, March 21, 2017
02/03/2017	Record requested from the U.S.C.A. 9th Circuit.
02/06/2017	Record received from the U.S.C.A. 9th Circuit. The record is electronic and available on PACER. Also received SEALED pleadings.
02/09/2017	CIRCULATED.
03/21/2017	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondents: Peter K. Stris, Los Angeles, Cal.
06/12/2017	Judgment 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.
07/14/2017	JUDGMENT ISSUED.