News & Analysis as of

Class Action Filing Deadlines

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Lathrop GPM

Payment Card Settlement Claim Deadline Extended to August 30, 2024

Lathrop GPM on

A very large class action settlement has an approaching deadline for class members to file claims. The class is very broad, defined as “all persons, businesses, and other entities that have accepted any Visa-Branded Cards...more

Foley & Lardner LLP

Five Things on the Department of Labor’s Radar for Employee Benefit Plans

Foley & Lardner LLP on

All qualified retirement plans are subject to a myriad of requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The United States Department of Labor (DOL) is charged with enforcing the...more

Miller Canfield

Michigan Court of Appeals Upholds Taxpayer Recovery of Excess Tax Foreclosure Proceeds, Bars Multi-County Class Actions

Miller Canfield on

Key Takeaways - ..The Michigan Court of Appeals rejected an effort to allow class action recovery of excess proceeds from the sale of tax foreclosed properties. ..The Court ruled that the Michigan Supreme Court's 2020...more

Proskauer - California Employment Law

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more

American Conference Institute (ACI)

[Webinar] What New Dietary Ingredient Master Files Mean for Innovation & Compliance - May 27th, 1:00 pm - 2:00 pm EST

FDA first raised the concept of Master Files for dietary supplements in its 2016 revised NDI Guidance. The agency views master files as a tool to promote better compliance with NDI notification requirements. Ingredient...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

King & Spalding on

On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

King & Spalding

Supreme Court Holds 14-Day Deadline to Request Permission to Appeal Class Certification Order Is Not Subject to Equitable Tolling

King & Spalding on

On February 26, the Supreme Court unanimously held in Nutraceutical Corporation v. Lambert that the text of Rule 23(f)—which sets a 14-day deadline for a party to petition a circuit court for permission to appeal a district...more

Jones Day

Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

Jones Day on

The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more

A&O Shearman

Supreme Court Rules That Deadline For Appealing Class Certification Decision Is Not Subject To Equitable Tolling

A&O Shearman on

On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit, which had held that Rule 23(f) of the Federal Rules of Civil Procedure is...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court: Rule 23(f)’s Deadline to Petition for Interlocutory Appeal of Class Certification Rulings Cannot Be Equitably...

• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable tolling....more

Proskauer - Advertising Law

If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)

Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for a losing party to file a petition for permission...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules 14-Day Time Limit to Appeal Class Decertification Is “Purposefully Unforgiving”

On February 26, 2019, the Supreme Court of the United States ruled that under Rule 23(f) of the Federal Rules of Civil Procedure (FRCP), a petition for permission to appeal an order decertifying a class must be filed within...more

Dechert LLP

SCOTUS Unanimously Holds Deadline for Permission to Appeal Class Certification Ruling Cannot be Equitably Tolled

Dechert LLP on

To immediately appeal a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of appeals “within 14 days after the order is entered.” Fed. R. Civ....more

Pierce Atwood LLP

Supreme Court Unanimously Rejects Equitable Tolling of Rule 23(f)’s Time Limit to Petition for Interlocutory Appeal

Pierce Atwood LLP on

This week, the Supreme Court in Nutraceutical Corp. v. Lambert unanimously held that Rule 23(f) is not subject to equitable tolling. ...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Federal Rule Of Civil Procedure 23(f) Is Not Subject To Equitable Tolling

Jackson Lewis P.C. on

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class...more

Husch Blackwell LLP

Deadline For Permission To Appeal Class Certification Ruling Cannot Be Equitably Tolled, Supreme Court Holds

Husch Blackwell LLP on

On February 26, 2019, in Nutraceutical Corp. v. Lambert, the Supreme Court of the United States held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline to request permission to appeal a district court’s order...more

Seyfarth Shaw LLP

The U.S. Supreme Court Rules That The Deadline To Appeal A Class Certification Order Is Not Subject To Equitable Tolling

Seyfarth Shaw LLP on

Seyfarth Synopsis: To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the applicable court of appeals “within 14 days after the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Nutraceutical Corp. v. Lambert

On February 26, 2019, the Supreme Court of the United States decided Nutraceutical Corp. v. Lambert, holding that Federal Rule of Civil Procedure 23(f)’s requirement that a party petition a federal appeals court for...more

Dorsey & Whitney LLP

The Supreme Court - February 26, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court issued one decision: Nutraceutical Corp. v. Lambert, No. 17-1094: In a class action against Nutraceutical Corporation, the district court decertified the class represented by Troy Lambert....more

Robinson+Cole Class Actions Insider

Nutraceutical Corp. v. Lambert: Rule 23(f) Deadline Cannot Be Equitably Tolled

The Supreme Court ruled yesterday, in Nutraceutical Corp. v. Lambert, that the 14-day deadline under Federal Rule of Civil Procedure 23(f) for petitioning a court of appeals to hear a discretionary appeal from a class...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Invalidates Local Rule Requiring Class Certification Motions to Be Brought Within 90 Days

• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more

Womble Bond Dickinson

What Might Have Been: Sears Misses out on Millions in TCPA Settlement Funds For Cruise Line Robocalls Due to Untimely Subpoena

Womble Bond Dickinson on

Along with many other retailers, Sears Holding Corporation (“Sears”) has fallen on some hard times recently. In an apparent effort to boost its bottom line, Sears recently submitted a revised claim in an effort to collect up...more

Pullman & Comley, LLC

Property Tax and Valuation Topics - Fall 2017

Pullman & Comley, LLC on

Property Assessment Class Action Fails - On previous occasions, the editors of Property Tax and Valuations Topics have noted that Connecticut courts tend to be rather strict in requiring property owners to pursue statutory...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

Proskauer Rose LLP on

This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide