The Ninth Circuit recently clarified the circumstances in which a plaintiff who settles his or her individual claims can appeal the denial of class certification of related claims. In Campion v. Old Republic Protection Company (pdf), the Ninth Circuit dismissed a class certification appeal as moot because the plaintiff had settled his individual claims. The court explained that a settling plaintiff must retain a personal, “financial” stake in litigation in order to appeal the denial of class certification—“the theoretical interest akin to a private attorney general” will not suffice.
The leading Ninth Circuit case on post-settlement class-certification appeals is Narouz
Continue Reading Plaintiffs Who Settle Individual Claims Can’t Appeal Class Claims in the Ninth Circuit Unless They Retain a “Financial Interest” in the Case