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Article III Supreme Court of the United States Voluntary Dismissals

Payne & Fears

Key California Employment Law Cases: June 2017

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This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more

Proskauer - Minding Your Business

The Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals

The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not. On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the...more

Jones Day

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

Jones Day on

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

A&O Shearman

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

Akin Gump Strauss Hauer & Feld LLP

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more

Eversheds Sutherland (US) LLP

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment 

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

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