News & Analysis as of

Federal Rules of Civil Procedure Interlocutory Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Holland & Knight LLP

The Latest from the World of Ripple and Its (Ripple) Effects

Holland & Knight LLP on

The same day that the U.S. District Court for the Southern District of New York (SDNY) in SEC v. Ripple Labs, Inc. denied the SEC's request for an interlocutory appeal of the bombshell summary judgment ruling in the case, the...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Standards for Relief from Sanction Order Under Federal Rules of Civil Procedure

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case involving a party’s request for relief from an sanction order. The court denied the request, finding that relief under FRCP is an extraordinary remedy and the party...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Stamps Out Approval Requirement for FLSA Claims Settled Via Rule 68 Offers of Judgment

On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval is not required to settle Fair Labor Standards Act (FLSA) claims via a Federal...more

Pierce Atwood LLP

Supreme Court Unanimously Rejects Equitable Tolling of Rule 23(f)’s Time Limit to Petition for Interlocutory Appeal

Pierce Atwood LLP on

This week, the Supreme Court in Nutraceutical Corp. v. Lambert unanimously held that Rule 23(f) is not subject to equitable tolling. ...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Federal Rule Of Civil Procedure 23(f) Is Not Subject To Equitable Tolling

Jackson Lewis P.C. on

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class...more

Husch Blackwell LLP

Deadline For Permission To Appeal Class Certification Ruling Cannot Be Equitably Tolled, Supreme Court Holds

Husch Blackwell LLP on

On February 26, 2019, in Nutraceutical Corp. v. Lambert, the Supreme Court of the United States held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline to request permission to appeal a district court’s order...more

Seyfarth Shaw LLP

The U.S. Supreme Court Rules That The Deadline To Appeal A Class Certification Order Is Not Subject To Equitable Tolling

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Seyfarth Synopsis: To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the applicable court of appeals “within 14 days after the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Nutraceutical Corp. v. Lambert

On February 26, 2019, the Supreme Court of the United States 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...more

Robinson+Cole Class Actions Insider

Nutraceutical Corp. v. Lambert: Rule 23(f) Deadline Cannot Be Equitably Tolled

The Supreme Court ruled yesterday, in Nutraceutical Corp. v. Lambert, that the 14-day deadline under Federal Rule of Civil Procedure 23(f) for petitioning a court of appeals to hear a discretionary appeal from a class...more

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