On May 25, 2022, the Ninth Circuit refused to rehear en banc an important appellate-jurisdiction case. This decision was a setback for WLF, which filed a brief urging an eleven-judge panel to hear the case. Despite the Supreme Court’s holding in Microsoft v. Baker that plaintiffs may not manufacture finality for an appeal, a three-judge panel found that it had jurisdiction to review an interlocutory order because the plaintiffs voluntarily dismissed their case. As WLF’s brief showed, the panel’s decision conflicts with Baker, conflicts with prior circuit precedent, and was issued without subject-matter jurisdiction.

Documents:

WLF amicus brief