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
Tag Archives: Fed. R. Civ. P. 23(f)
Is The Second Circuit Placing A Thumb On The Scale When It Reviews Orders Granting Class Certification?
Posted in Class CertificationOne oddity of the law in the Second Circuit is the unbalanced standard of review that the court sometimes applies to class certification decisions. On a dozen or so occasions over the last twenty years, the Second Circuit has proclaimed that it is “noticeably less deferential when the district court has denied class status than… 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