When a defendant receives an adverse decision on a motion for class certification, whether the court of appeals grants permission to appeal under Rule 23(f) of the Federal Rules of Civil Procedure (or a state-court equivalent, if available) can be a crucial turning point in the case. If the court of appeals will not hear
Rule 23(f)
Criteria for Rule 23(f) Discretion Addressed By D.C. Circuit
By Wystan Ackerman on
Posted in Class Certification Standards
A recent decision by the D.C. Circuit has a thorough and interesting discussion of the criteria that the court applies in deciding whether or not to grant interlocutory review of a decision granting or denying class certification, under Fed. R. Civ. P. 23(f). The rule itself does not contain any such criteria, but some circuits…
Is An Order Modifying A Class Definition Appealable Under Rule 23(f)? Seventh Circuit Says Yes
By Wystan Ackerman on
Posted in Defense Strategy
The Seventh Circuit recently addressed an interesting issue regarding the types of appeals permitted by Rule 23(f). In Matz v. Household International Tax Reduction Investment Plan, No. 12-8010, 2012 U.S. App. LEXIS 14771 (7th Cir. July 19, 2012), the district court had modified a previously-certified class to eliminate between 57% and 71% of the…