Are Orders Denying Class Cert. Appealable In PAGA Cases?

Law360 (March 19, 2018, 3:15 PM EDT) -- For decades, plaintiffs who brought class actions in California courts could immediately appeal orders denying class certification under the so-called death knell doctrine.[1] California courts allowed such appeals because these orders “effectively rang the death knell for class claims.”[2]

But the ever-growing number of representative claims under California’s Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class claims and PAGA representative claims. California courts of appeal have increasingly decided that the death knell doctrine does not authorize immediate appeals from orders denying class certification in cases that also include...

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