Microsoft Corp. v. Baker

Microsoft Corp. v. Baker, 582 U.S. ___ (2017), is a United States Supreme Court case holding that Federal courts of appeals lack jurisdiction to review a denial of class certification after plaintiffs have voluntarily dismissed their claims with prejudice.[1][2][3]

Microsoft Corp. v. Baker
Seal of the United States Supreme Court
Argued March 21, 2017
Decided June 12, 2017
Full case nameMicrosoft Corporation v. Seth Baker, et al.
Docket no.15-457
Opinion announcementOpinion announcement
Case history
PriorBaker v. Microsoft Corp., 851 F. Supp. 2d 1274 (W.D. Wash. 2012); 797 F.3d 607 (9th Cir. 2015); cert. granted, 136 S. Ct. 890 (2016).
Federal courts of appeals lack jurisdiction to review a denial of class certification after the plaintiffs have voluntarily dismissed their claims with prejudice.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
MajorityGinsburg, joined by Kennedy, Breyer, Sotomayor, Kagan
ConcurrenceThomas, joined by Roberts, Alito
Laws applied
28 U.S.C. § 1291

On October 5, 2009, the United States District Court for the Western District of Washington refused to certify a class action lawsuit regarding scratched discs caused by Xbox 360 technical problems, and plaintiffs then settled.[4] A new set of plaintiffs then filed a new class action bringing the same claims.[4] After the district court again refused to certify the class action claims, plaintiffs joined Microsoft's motion to dismiss the entire lawsuit with prejudice, which U.S. District Judge Ricardo S. Martinez granted on March 27, 2012.[5] Plaintiffs hoped this would create an appealable issue whereby they could also challenge the denied class certification.[4]

On March 18, 2015, the United States Court of Appeals for the Ninth Circuit agreed with the plaintiffs, finding that it had jurisdiction to review and that denying class certification had been an abuse of discretion, in which Judge Johnnie B. Rawlinson was joined by Michael Daly Hawkins, and Judge Carlos Bea concurred in the result.[6]

On March 21, 2017, oral arguments were heard before the Supreme Court, where Professor Jeffrey L. Fisher appeared for the plaintiffs.[7]

On June 12, 2017, the Supreme Court delivered judgment in favor of Microsoft, voting unanimously to reverse and remand to the lower court. Justice Ruth Bader Ginsburg wrote the opinion of the Court, joined by Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.[4] Justice Clarence Thomas, joined by Chief Justice John Roberts and Justice Samuel Alito concurred only in the judgment.[4]

See alsoEdit


  1. ^ "Microsoft Corporation v. Baker". LII / Legal Information Institute. 2017-03-17. Retrieved 2017-06-29.
  2. ^ "Microsoft Corp. v. Baker - SCOTUSblog". SCOTUSblog. Retrieved 2017-06-29.
  3. ^ Microsoft Corp. v. Baker, No. 15-457, 582 U.S. ___ (2017).
  4. ^ a b c d e The Supreme Court, 2016 Term — Leading Cases, 131 Harv. L. Rev. 323 (2017).
  5. ^ Baker v. Microsoft Corp., 851 F. Supp. 2d 1274 (W.D. Wash. 2012).
  6. ^ Baker v. Microsoft Corp., 797 F.3d 607 (9th Cir. 2015).
  7. ^ "Microsoft v. Baker". Oyez. Retrieved 2017-06-29.

External linksEdit