Due Process Clause

SCOTUS RULING AT ODDS WITH H.R. 985, WHICH WOULD PERMIT IMMEDIATE APPEALS OF ALL CLASS CERTIFICATION ORDERS

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?