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ARTICLE · 13 JUNE 2017

Supreme Court Decision Alert - June 12, 2017

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Today, the Supreme Court issued three decisions, described below, of interest to the business community: Class Actions—Appellate Jurisdiction; Biologics Price Competition and Innovation Notice Requirement...

United StatesLitigation, Mediation & Arbitration

Today, the Supreme Court issued three decisions, described below, of interest to the business community.


Class Actions—Appellate Jurisdiction
Microsoft Corp. v. Baker, No. 15-457

When a federal district court grants or denies class certification, Federal Rule of Civil Procedure 23(f) allows the losing party to ask the court of appeals for permission to appeal immediately.  Otherwise, the parties must litigate the case to a final judgment—the named plaintiffs' individual claims if certification has been denied, or the class claims if certification has been granted—in order to obtain appellate review of the district court's class certification determination.   But the Ninth Circuit created an exception to this rule by authorizing a plaintiff who has had class certification denied to dismiss his or

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