In Baker v. Microsoft Corp., 797 F.3d 607 (9th Cir. 2015) (No. 12-35946), plaintiffs alleged a design defect in the Microsoft Xbox game console. In a prior case, a district court had denied certification of a similar claim. The district court in Baker struck the class allegations, concluding that comity required deference to the earlier denial of class certification. After interlocutory review was denied, the parties stipulated to dismiss the case with prejudice, a stipulation the district court approved, and plaintiffs appealed the stipulated dismissal. Evaluating its jurisdiction, the Ninth Circuit concluded that the voluntary dismissal with prejudice did not defeat appellate jurisdiction. Further, it was error to strike the class action allegations based upon the prior district court decision. The United States Supreme Court has agreed to hear the jurisdictional issue, namely whether a court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their individual claims with prejudice.