Missed Appeal Deadline Can't Be Extended, Justices Rule

Law360 (February 26, 2019, 10:47 AM EST) -- The U.S. Supreme Court on Tuesday ruled that an appellate court may not excuse a missed deadline to appeal an order that decertified a class, saying that the rules of procedure are not that flexible.

In a unanimous opinion penned by Justice Sonia Sotomayor, the high court said that there's no basis for the Ninth Circuit to forgive a late petition to decertify a class of consumers alleging that Nutraceutical Corp. falsely advertised its Cobra Sexual Energy "aphrodisiac" supplement. The high court found that the 14-day deadline under Rule 23(f) of the Federal Rules of Civil Procedure cannot be extended....

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