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Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

On December 11, 2013 by Schnader

In Eastman v. First Data Corp., the U.S. Court of Appeals for the Third Circuit strictly enforced Rule 23(f) of the Federal Rules of Civil Procedure, which allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. The plaintiffs in Eastman attempted to file their petition three days late, but the Court rejected their request concluding that the deadline imposed by Rule 23(f) is “strict and mandatory.” The decision underscores the importance of prompt action by parties wishing to take advantage of the Rule’s unique procedure for permitting interlocutory appeals of questionable class certification rulings.

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