Whether plaintiffs who settle their individual claims may appeal an earlier denial of class certification under Microsoft v. Baker

QUESTION PRESENTED The final judgment entered by the district court was the result of a settlement before trial which settlement and judgment reserved the Petitioners’ right to appeal an earlier decision denying class certification under Fed. R. Civ. P. 23(b)(3). The Tenth Circuit held it lacked jurisdiction due to this Court’s recent decision in Microsoft v. Baker, 137 S.Ct. 1702, 198 L.Ed.2d 132 (2017). THE QUESTION PRESENTED IS Does Microsott v. Baker, 137 8.Ct. 1702, 198 L.Ed. 2d 132 (2017) mandate that only plaintiffs who litigate their individual claims to a final judgment may appeal an earlier denial of class certification?