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...

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