Rule 23(f) Class Certification Appeals
Strategies for Pursuing or Opposing Appellate Review in the Absence of Clear Standards
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide strategies for counsel either pursuing or opposing appellate review of a class certification decision. The panel will offer a thorough review of various appellate court rulings on Rule 23(f) appeals.
- Key features of Rule 23(f)
- No automatic right to appeal
- No automatic stay of district court proceedings
- Appeal must be filed within 10 days of class certification order
- Case law addressing Rule 23(f)
- “Death knell” cases and “reverse death knell” cases
- Appeal raises fundamental and unsettled legal issue
- Clear error in district court ruling
- “Sliding scale” standard
- Strategies for pursuing appellate review of class certification decision
- Strategies for challenging motion for appellate review of class certification
The panel will review these and other key questions:
- What standards are the appellate courts applying in determining whether to grant an interlocutory appeal of a class certification decision?
- How often are courts of appeals granting and denying petitions for appeal of class certification rulings?
- What lessons can class action counsel learn from the minimal case law addressing Rule 23(f) appeals?
Paul G. Karlsgodt
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor... | Read More
Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor and contributor to www.ClassActionBlawg.com, which covers a variety of class-action issues. He has represented major insurers and other FORTUNE 500 companies in nationwide and statewide consumer class action lawsuits and related litigation across the United States.Close
Cindy D. Hanson
Kilpatrick Townsend & Stockton
She has been a member of several teams that have filed Petitions for Permission to Appeal under Fed. Rule of Civ. Proc.... | Read More
She has been a member of several teams that have filed Petitions for Permission to Appeal under Fed. Rule of Civ. Proc. 23(f) in the Fourth, Fifth, Seventh and Ninth Circuits. Her practice focuses on complex commercial litigation and class action defense.Close
Professor of Law
Loyola University Chicago School of Law
He has been a government lawyer, a university administrator, a litigating partner in a leading national law firm, and a... | Read More
He has been a government lawyer, a university administrator, a litigating partner in a leading national law firm, and a teacher of law and public policy. His scholarly work has appeared in leading journals in the United States and Europe, and he has litigated cases at the highest levels of the state and federal courts, including the Supreme Court of the United States.Close
Gregory N. Karasik
He has more than 20 years’ experience in the field of labor and employment law. He has litigated wage and hour... | Read More
He has more than 20 years’ experience in the field of labor and employment law. He has litigated wage and hour claims before numerous administrative agencies, as well as in state and federal courts, and has extensive class action experience. He has also briefed and argued many appeals in state and federal appellate courts.Close