Trendsettah v. Swisher
On January 12, 2026, the Supreme Court declined to review a Ninth Circuit decision permitting appellate review of an interlocutory ruling after the plaintiffs voluntarily dismissed all their claims with prejudice. The decision was a setback for WLF, which urged review in its amicus brief contending that the ruling conflicts with Microsoft Corp. v. Baker by undermining the final-judgment rule and encouraging plaintiffs’ bar tactics to secure immediate appeals from adverse orders. WLF also asked the Court to decide whether the appeal was also barred by Article III.
Documents:
WLF amicus brief supporting certiorari (2025)