Lambert v. Nutraceutical Corp., No. 15-56423 (9th Cir. 2017)Annotate this Case
The Federal Rule of Civil Procedure 23(f) deadline, which governs interlocutory appeals of orders granting or denying class action certification, is not jurisdictional, and thus equitable exceptions apply. The Ninth Circuit held that a motion for reconsideration filed within the Rule 23(f) deadline will toll the deadline; additional equitable circumstances may also warrant tolling; and, in this case, the Rule 23(f) deadline was tolled when counsel for the lead plaintiff, within fourteen days of the district court's decertification order, informed the court of his intention to
seek reconsideration, explained his reasons for doing so, and the court set a date for filing the motion with which counsel complied. On the merits, the panel held that the district court abused its discretion in decertifying the class. Accordingly, the court reversed and remanded for further proceedings.
The court issued a subsequent related opinion or order on August 27, 2019.
- Nutraceutical Corp. v. Lambert, No. 17-1094 (U.S. Feb. 26, 2019)