Rule 23(f)

News & Analysis as of

Fourth Circuit: Rule 23(f) Review Does Not Apply to Decertification Denials

Rule 23(f) provides for discretionary interlocutory review of an order “granting or denying class-action certification” if a party files a petition for permission to appeal within 14 days after the order is entered. Last...more

Ninth Circuit Holds On 23(f) Appeal That District Court Abused Its Discretion By Weighing The Merits In Denying Certification

After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more

"Study Reveals US Courts of Appeal Are Less Receptive to Reviewing Class Certification Rulings"

Skadden recently conducted a study on behalf of the U.S. Chamber of Commerce Institute for Legal Reform regarding acceptance rates for Rule 23(f) petitions appealing class certification rulings in federal courts. The study...more

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