California Court of Appeal Clarifies That Class Action Settlements Moot Appeals of Pre-Settlement Rulings

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This article discusses the California Court of Appeal's decision in Larner v. Los Angeles Doctors Hospital Associates, L.P., Case No. B202085 (2d Dist, 1st Div., December 8, 2008), which clarifies that a named plaintiff's settlement of a purported class action after an adverse ruling on the merits and a denial of class certification moots any appeal of the merits and class certification rulings. Larner is a reminder that parties cannot make a case justiciable by agreement, which means parties must choose between settling a case and preserving their right to seek appellate review or otherwise challenge unfavorable substantive or procedural rulings issued before the settlement was reached.

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