Time Is on My Side, Yes It Is: The Timing of Class Certification Appeals Pursuant to Rule 23(f)

Vol. 46 No. 3 Preview of United States Supreme Court Cases 11

U of Texas Law, Public Law Research Paper

5 Pages Posted: 5 Dec 2018

Date Written: November 26, 2018

Abstract

This article analyzes the issues on appeal to the United States Supreme Court in Nutraceutical Corp. v. Lambert, argued to the Court in November 2018. The appeal involves a technical issue relating to the timing requirement that a party file a notice of appeal of a judge’s class certification order within 14 days of the issuance of the order, pursuant to Federal Rule of Civil Procedure 23(f). In the underlying class litigation, the plaintiff allegedly failed to file for permission to appeal a certification order within the 14-day limitation. Nevertheless, the appellate court accepted the petition, and the Ninth Circuit affirmed, applying equitable principles to relieve the plaintiff of the Rule 23(f) timing requirement. The defendant now contends that the Ninth Circuit erred in applying equitable principles to relieve the plaintiff’s alleged noncompliance with Rule 23(f). The Court’s decision is important to class action litigants who, upon losing a class certification decision, desire to appeal the court’s order.

Keywords: Class actions, appeals, timing of certification appeals, Rule 23(f), equitable tolling of timing deadlines, Nutraceutical, Lambert

Suggested Citation

Mullenix, Linda S., Time Is on My Side, Yes It Is: The Timing of Class Certification Appeals Pursuant to Rule 23(f) (November 26, 2018). Vol. 46 No. 3 Preview of United States Supreme Court Cases 11; U of Texas Law, Public Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3293763 or http://dx.doi.org/10.2139/ssrn.3293763

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

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