On June 12 in Microsoft v. Baker, the US Supreme Court unanimously rejected a class-action litigation tactic that created an unfair advantage for plaintiffs in such suits. Both Justice Ginsburg in her majority opinion and Justice Thomas in his concurrence in judgment embraced arguments made in Washington Legal Foundation’s victorious amicus brief. WLF had also filed an amicus brief in support of Microsoft before an en banc panel of the US Court of Appeals for the Ninth Circuit, and further filed in support of the company’s cert petition to the Supreme Court after its loss in the appeals court.
The Baker decision is the fifth consecutive Supreme Court victory for WLF. The other four cases are:
The Court has not yet released opinions in four additional cases in which WLF filed amicus briefs (CalPERS v. ANZ Securities, Inc.; Jennings v. Rodriguez; Ziglar v. Abbasi; and Bristol-Myers Squibb Co. v. Superior Court), and we are also awaiting a decision on the cert petition WLF filed on behalf of its client, Chance Gordon, in Gordon v. Consumer Financial Protection Bureau.
On Tuesday, June 27, 1:00-2:00 pm EST, WLF will be holding its 28th annual US Supreme Court end-of-the-Term briefing, which will focus on the cases noted above as well as other decisions that affect the free-enterprise system and economic liberties. Details appear below:
The U.S. Supreme Court: October 2016 Term Review
>RSVP to attend in person or live online to firstname.lastname@example.org
- John Thorne, Kellogg Hansen Todd Figel & Frederick PLLC
- Andrew S. Tulumello, Gibson, Dunn & Crutcher LLP, Counsel of Record, BMS v. Superior Court
- Adam G. Unikowsky, Jenner & Block LLP, Counsel of Record, Kokesh v. SEC