Highlights from this issue include:
- Appellate Rights. The Eleventh Circuit held that if a putative class member intervenes in a case after class certification is denied and after a Rule 23(f) petition is denied, that class member cannot appeal the denial of class certification, even if the original class members’ claims are dismissed. “Like any other putative class representative without an existing final judgment, [the intervener] must litigate her claims on the merits before she can appeal the denial of class certification.”
- Communications With Class Members. The Sixth Circuit affirmed the entry of a protective order precluding a law firm from communicating with potential class members because the law firm had sent letters suggesting not to agree to a classwide settlement to not just putative class members but also to named (i.e., represented) class representatives.
