U.S. Supreme Court Rules That Plaintiffs' Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An Appealable Final Decision

Seyfarth Synopsis: In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a plaintiff may appeal orders that terminate their rights in a case. In that respect, the decision is required reading for any employer involved in class action litigation.

In Microsoft Corp. v. Baker, No. 15-457, 582 U.S. ___ (2017), the Supreme Court was confronted with the question of whether courts of appeal have jurisdiction to review an order denying class certification after the named plaintiffs have voluntary dismissed their claims with prejudice.

Litigants have an immediate right to appellate review only of "final decisions of the district courts," as set forth in 28 U.S.C. § 1291. The denial of class certification is not a final order and, therefore, not necessarily entitled to such immediate review. Nonetheless, Fed. R. Civ. P. 23(f)