Microsoft v. Baker


(U.S., filed March 18, 2016): Arguing that a federal court of appeals lacks jurisdiction to review an order denying class certification after the plaintiffs voluntarily dismiss their claims with prejudice.  Plaintiffs should not be able to create appellate jurisdiction through the voluntary dismissal tactic.

Court ruled in favor of ATRA's position

On June 12, 2013, the U.S. Supreme Court ruled in favor of ATRA’s position and held that  the lower court lacked jurisdiction under §1291 because the voluntary dismissal with prejudice did not result in a “final decision.”

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