Class Certification, Interlocutory Appeals, Federal Rules of Civil Procedure

Sixth Circuit: Reliance Can Bar Class Certification Even if Not Express Element of Consumer Statutory Claim

Foley & Lardner LLP on 12/6/2024

Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more

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

Pierce Atwood LLP on 2/28/2019

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

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

Jackson Lewis P.C. on 2/28/2019

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

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

Husch Blackwell LLP on 2/28/2019

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

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 2/28/2019

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

Supreme Court Decides Nutraceutical Corp. v. Lambert

Faegre Drinker Biddle & Reath LLP on 2/28/2019

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

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

Robinson+Cole Class Actions Insider on 2/27/2019

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

Class Certification › Interlocutory Appeals › Federal Rules of Civil Procedure