Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Certification Orders

Complying With Strict Procedural Requirements, Developing a Solid Appeal Strategy

A live 90-minute CLE webinar with interactive Q&A


Tuesday, September 12, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 25, 2017


This CLE webinar 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.

Description

Rule 23(f) of the Federal Rules of Civil Procedure authorizes interlocutory review of class certification orders at the discretion of the federal courts of appeal. Litigants seeking interlocutory review must comply with strict procedural requirements under Rule 23(f), including a limited amount of time to appeal.

The Supreme Court’s Microsoft v. Baker ends a plaintiff’s ability to circumvent Rule 23(f) by voluntarily dismissing the underlying claims with prejudice after the district court denies certification. While a victory for defendants, defense counsel must prepare for new plaintiff tactics to evolve.

Listen as our panel examines how the federal courts are addressing Rule 23(f) appeals and provides strategies for counsel for pursuing or opposing interlocutory review of a class certification decision. The panel will also address the recent Supreme Court Microsoft v. Baker ruling halting a plaintiff’s ability to circumvent Rule 23(f) by voluntarily dismissing the underlying claims with prejudice after the district court denies certification.

Outline

  1. Case law addressing Rule 23(f)
    1. “Death knell” cases and “reverse death knell” cases
    2. Appeal raises fundamental and unsettled legal issue
    3. Clear error in district court ruling
    4. “Sliding scale” standard
    5. Microsoft v. Baker (Sup Ct. 2017)
  2. Key features of Rule 23(f)
    1. No automatic right to appeal
    2. No automatic stay of district court proceedings
    3. Appeal filing deadline within 10 days of certification order
  3. Pursuing appellate review of class certification decision
  4. Challenging motion for appellate review of class certification

Benefits

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?

Faculty

S. Stewart Haskins, II, Partner
King & Spalding, Atlanta

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.

Gerald L. Maatman, Jr., Partner
Seyfarth Shaw, Chicago

Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class actions, wage and hour collective actions, EEOC pattern or practice lawsuits, and civil rights/denial of access class actions brought in federal and state courts throughout the U.S. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols.


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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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