Class Certification, Final Judgment

Due to Intervening Change in Law, Ninth Circuit Allows Plaintiffs Another Opportunity to Pursue Class Claims After They...

King & Spalding on 1/2/2020

The Ninth Circuit recently clarified what standard applies when a party seeks relief from judgment under Rule 60(b). In so doing, the court allowed two plaintiffs who had previously voluntarily dismissed their class action...more

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

Jones Day on 6/27/2017

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

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Akin Gump Strauss Hauer & Feld LLP on 6/16/2017

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

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

King & Spalding on 6/16/2017

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more

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

Eversheds Sutherland (US) LLP on 6/16/2017

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

The End of Self-Inflicted Appellate Jurisdiction

Shook, Hardy & Bacon L.L.P. on 6/12/2017

The United States Supreme Court today ended the controversial tactic of self-inflicted finality, wherein a class action plaintiff that has been denied certification and denied 23f review creates its own “final judgment” by...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

Carlton Fields on 2/7/2017

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Class Certification › Final Judgment