Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Certification Orders
Complying With Strict Procedural Requirements, Developing a Solid Appeal Strategy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to class litigators for appealing, or challenging the appeal of, class certification decisions under Rule 23(f) of the FRCP. The panel will examine the Supreme Court’s Microsoft v. Baker ruling as well as recent federal court cases addressing interlocutory appeals of class certification orders. The program will outline best practices for counsel navigating a Rule 23(f) appeal.
- 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
- Microsoft v. Baker (Sup Ct. 2017)
- Key features of Rule 23(f)
- No automatic right to appeal
- No automatic stay of district court proceedings
- Appeal filing deadline within 10 days of certification order
- Pursuing appellate review of class certification decision
- Challenging motion for appellate review of class certification
The panel will review these and other key issues:
- What are the lessons for class counsel from recent case law addressing Rule 23(f) appeals?
- What are key procedural requirements of Rule 23(f)?
- What standards are the courts applying in granting or denying an interlocutory appeal of a certification decision?
S. Stewart Haskins, II
King & Spalding
Mr. Haskins specializes in defending class actions and other complex commercial litigation, particularly cases... | Read More
Mr. Haskins specializes in defending class actions and other complex commercial litigation, particularly cases involving consumers and data privacy issues. He has extensive experience in all aspects of class action litigation, whether he is litigating complex jurisdictional issues, developing a winning case strategy or defeating class certification. As a partner in the Firm's Class Action practice, he has successfully defended leading companies in hundreds of consumer class action suits across the country. He also regularly provides clients with counseling on privacy and consumer-related issues.Close
Peter J. Wozniak
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class... | Read More
Mr. Wozniak's practice includes defending employers throughout the U.S. in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions. Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi¬million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post-¬trial appeals.Close