Justices Offer Practical Approach To Class Appeal Deadline

By Nick Nelson, Aaron Van Oort and Tyler Young (March 19, 2019, 1:42 PM EDT) -- On Feb. 26, 2019, the U.S. Supreme Court 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 authorization to appeal an order granting or denying class action certification "within 14 days after the order is entered" is not subject to equitable tolling.

As a result, a party who wishes to immediately challenge a district court's class certification decision must file a 23(f) petition within 14 days of the decision becoming final.

The Lambert Case

The appeal arose out of plaintiff Troy Lambert's efforts to obtain class certification...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!