Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot at an appeal. Can the plaintiff simply settle his individual claims—subject to his right to appeal the denial of class certification—so that he has a… Continue Reading
Category Archives: Appeals
Subscribe to Appeals RSS FeedWall Street Journal Editorial Calls for Supreme Court Review in Whirlpool Corp. v. Glazer
Posted in Appeals, Class Certification, Commonality, Predominance, U.S. Supreme CourtThe Wall Street Journal recently published an editorial urging the Supreme Court to grant the petition for certiorari (pdf) in Whirlpool Corp. v. Glazer—a petition filed by my colleagues Stephen Shapiro, Jeffrey Sarles, and Tim Bishop. The petition seeks review of a decision by the Sixth Circuit (pdf), which affirmed the certification of a class of Ohio… Continue Reading
Second Circuit: Insufficient Notice of Class Action Settlement Means That Class Members Can Bring Copycat Class Actions
Posted in Appeals, Class Action Settlements, Class Certification, Rule 23(b)(2), SuperiorityThe Second Circuit’s recent decision in Hecht v. United Collection Bureau, Inc., No. 11-1327 (2d Cir. Aug. 17, 2012), should sound alarm bells for any business that attempts to settle a class action. The takeaway from the decision is to make sure that notice of the settlement to absent class members is adequate. Under some… Continue Reading
Tenth Circuit: Motion for Reconsideration Restarts 14-Day Clock for Filing 23(f) Petition
Posted in Appeals, Class CertificationLest there was any uncertainty on the topic, in Gelder v. Coxcom Inc. (pdf), the Tenth Circuit has now made clear that when a party moves for reconsideration of an order granting or denying class certification, the time for filing a petition for permission to appeal under Rule 23(f) runs from the date of the order… Continue Reading
Seventh Circuit: Order Partially Decertifying a Class Is Appealable Under Federal Rule of Civil Procedure 23(f)
Posted in Appeals, Class CertificationFederal Rule of Civil Procedure 23(f) gives federal courts of appeals authority to permit interlocutory appeals from orders granting or denying motions to certify a class. The rule leaves it murky, however, whether an order partially decertifying a class is appealable under Rule 23(f). In a brief opinion by Judge Posner, the Seventh Circuit has… Continue Reading