While the Microsoft case is a clear victory for corporate defendants, there is some language in the opinion that may be useful in another important fight in a different venue. H.R. 985, the anti-class action bill passed earlier this year by the House, would permit an interlocutory appeal from every class certification order. The high court’s opinion strongly endorsed a contrary perspective – it highlighted the wisdom of Rule 23(f)’s “careful calibration” of the question as well as the preference for determining such issues through rulemaking rather than legislation. Senate Judiciary Committee, are you listening? 

On March 6, 2017, in a federal courtroom filled with veterans and family members of veterans, Judge Michelle Burns took the bench to read her findings in the medical malpractice action that Steve Cooper, an eighteen-year veteran of the US Army, brought against the VA hospital in Phoenix for failing to diagnose his cancer. 

Lainey explains the approach in clear and well-organized chapters, with illustrations from dozens of successful negotiations against major banks, retailers, and even Major League Baseball.  One of the rewarding “sub-plots” of the book is the fascinating evolution of accessible technology over the past two decades for those who are “print-disabled.”  She explains how “talking ATMs,” accessible websites and audio description for movies have become state-of-the-art methods for corporations to better serve all of their customers.