News & Analysis as of

Interlocutory Appeals Class Certification

Robinson Bradshaw

When a Rule 23(f) Appeal Becomes Something More: Fourth Circuit Exercises Pendent Appellate Jurisdiction Over Ruling on the Merits

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Federal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification. But it is sometimes possible for other orders to...more

Robinson+Cole Class Actions Insider

Pendent Appellate Jurisdiction in Class Actions Addressed by Fourth Circuit

When a class certification decision overlaps with merits issues, can a court of appeals deciding an interlocutory appeal from a class certification order also review an earlier decision on a motion to dismiss if it was...more

McGlinchey Stafford

Ohio Appeals Court Issues Landmark PFAS Decision

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The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

Epstein Becker & Green

Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification

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A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally”...more

Kilpatrick

Sixth Circuit grants Rule 23(f) interlocutory review in one of the largest class actions ever

Kilpatrick on

Takeaway:  In the U.S. Supreme Court’s seminal decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 342 (2011), the court described a class consisting of 1.5 million class members as “one of the most expansive” classes...more

Goodwin

Northern District Of Illinois Holds COVID-19, Not TD Ameritrade, Responsible For Trading Losses

Goodwin on

IN THIS ISSUE - Illinois Federal Judge Finds COVID-19, Not TD Ameritrade, Responsible for Losses; Supreme Court to Address Scope and Application of Basic Presumption of Classwide Reliance in Securities Class Actions;...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

King & Spalding

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

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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

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Patterson Belknap Webb & Tyler LLP

Update: Flushable Wipes

A few months ago, we wrote about the Second Circuit’s oral argument in the “flushable” hygienic wipes consumer class action cases. And now, the septic saga continues....more

Seyfarth Shaw LLP

Sixth Circuit Allows Appeal Of Novel Class Action Ordered In Nationwide Opiate Litigation

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Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal

In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more

Carlton Fields

Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit

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The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance...more

Carlton Fields

Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations

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The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Holds That Receipt of a Single Text Does Not Satisfy Article III

The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more

Dechert LLP

D.C. Circuit Affirms Denial of Class Certification; Plaintiffs Derailed by Expert Model Showing Uninjured Shippers

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On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more

King & Spalding

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

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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

Proskauer - Advertising Law

Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha

In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding...more

Jones Day

Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

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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

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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

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