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 video webinar with Q&A
This CLE course will guide class litigators in appealing or challenging appellate review of class certification decisions under Rule 23(f) of the FRCP. The panel will examine how circuit courts exercise their discretion to permit or deny appeals and the differences among the circuits on essential issues and standards. The panel will also discuss considerations for class counsel on either side of the certification issue if they wish to appeal (or hope to prevent an appeal) of the certification order.
- Critical features of Rule 23(f)
- No automatic right to appeal
- No automatic stay of district court proceedings
- Time to appeal
- Standards of review
- "Death knell" cases and "reverse death knell" cases
- Blair approach
- Prado five-factor test
- Variations of the Blair and Prado approaches
- Sumitomo Copper Litig. v. Credit Lyonnais Rouse Ltd. (2d, 3d Circuits)
- In re Lorazepam & Clorazepate Antitrust Litig. (D.C., 9th, 10th Circuits)
- In re Delta Air Lines (6th Circuit)
- 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?
Michael D. Leffel
Foley & Lardner
Mr. Leffel is a partner and litigation lawyer with Foley & Lardner LLP. His practice focuses on complex commercial... | Read More
Mr. Leffel is a partner and litigation lawyer with Foley & Lardner LLP. His practice focuses on complex commercial litigation matters, including class actions. Mr. Leffel is the chair of the firm’s Consumer Law, Finance & Class Action Practice. He is a member of the firm's Appellate, Consumer Financial Services, and Business Litigation & Dispute Resolution Practices. Mr. Leffel is an adjunct professor at the University of Wisconsin Law School, where he teaches “Complex Litigation.”Close
Aileen M. McGrath
Akin Gump Strauss Hauer & Feld
Ms. McGrath focuses her practice on federal and state appellate litigation, including the U.S. Supreme Court, the... | Read More
Ms. McGrath focuses her practice on federal and state appellate litigation, including the U.S. Supreme Court, the federal courts of appeals and California appellate courts.Close