On September 22, 2022, WLF filed an amicus brief urging the Supreme Court to hear an important appellate-jurisdiction case. Despite the Supreme Court’s Microsoft v. Baker decision holding that plaintiffs may not manufacture finality for an appeal, the Ninth Circuit found that it had jurisdiction to review an interlocutory order because the plaintiffs voluntarily dismissed their case. As WLF’s brief shows, the Ninth Circuit’s decision conflicts with Baker, conflicts with other circuits’ precedent, and was issued without subject-matter jurisdiction. So there are three compelling reasons for the Supreme Court to hear this case.

Documents:

WLF amicus brief supporting certiorari

WLF Ninth Circuit amicus brief