On December 5, 2022, the Supreme Court declined to hear an important appellate-jurisdiction case. The decision was a setback for WLF, which filed an amicus brief urging the Court’s review. 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 showed, the Ninth Circuit’s decision conflicts with Baker, conflicts with other circuits’ precedent, and was issued without subject-matter jurisdiction.


WLF amicus brief supporting certiorari

WLF Ninth Circuit amicus brief