News & Analysis as of

Interlocutory Appeals Leave to Appeal

Lathrop GPM

New Jersey Federal Court Denies Motion for Reconsideration and Alternative Motion for Leave to File an Interlocutory Appeal

Lathrop GPM on

A federal court in New Jersey denied plaintiffs’ motion for reconsideration or leave to file an interlocutory appeal challenging the court’s decision to grant defendants’ motion to transfer the case to the Western District of...more

Troutman Pepper

SEC Requests Leave to Appeal in Ripple Labs

Troutman Pepper on

On August 9, the Securities and Exchange Commission (SEC) sent a letter to U.S. District Judge Analisa Torres requesting leave to file an interlocutory appeal in SEC v. Ripple Labs, Inc. as to the two adverse liability...more

Smart & Biggar

FCA provides guidance on standard for leave to appeal interlocutory PMNOC decisions

Smart & Biggar on

On December 3, 2020, the Federal Court of Appeal released its first decision providing guidance on the standard for obtaining leave to appeal interlocutory decisions under section 6.11(1) of the Patented Medicines (Notice of...more

King & Spalding

Supreme Court Holds 14-Day Deadline to Request Permission to Appeal Class Certification Order Is Not Subject to Equitable Tolling

King & Spalding on

On February 26, the Supreme Court unanimously held in Nutraceutical Corporation v. Lambert that the text of Rule 23(f)—which sets a 14-day deadline for a party to petition a circuit court for permission to appeal a district...more

A&O Shearman

Supreme Court Rules That Deadline For Appealing Class Certification Decision Is Not Subject To Equitable Tolling

A&O Shearman on

On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit, which had held that Rule 23(f) of the Federal Rules of Civil Procedure is...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court: Rule 23(f)’s Deadline to Petition for Interlocutory Appeal of Class Certification Rulings Cannot Be Equitably...

• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable tolling....more

Proskauer - Advertising Law

If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)

Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for a losing party to file a petition for permission...more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Dechert LLP

SCOTUS Unanimously Holds Deadline for Permission to Appeal Class Certification Ruling Cannot be Equitably Tolled

Dechert LLP on

To immediately appeal a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of appeals “within 14 days after the order is entered.” Fed. R. Civ....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

Seyfarth Shaw LLP on

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

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

New Jersey Bill Could Dramatically Change State Class Action Litigation

On March 7, 2016, a bill was introduced in the New Jersey Senate that, if enacted, would dramatically alter class action litigation in New Jersey. The bill, S1845, would permit litigants to immediately appeal to the Appellate...more

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