Blog Posts

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

02/26/2019

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 order is entered.” Fed. Rule Civ. Pro. 23(f). In Nutraceutical Corp. v. Lambert, No. 17-1094, 2019 WL 920828, at *4 (U.S. Feb. 26, 2019), the U.S. Supreme Court addressed the question of whether a court of appeals may equitably toll that deadline when an opposing party objects that the appeal is untimely. Because Rule 23(f)s’ deadline was meant to be rigorously enforced, the Supreme Court concluded that Rule 23(f) is not subject to equitable tolling – even where good cause for equitable tolling might otherwise exist. The Supreme Court’s ruling in Lambert is therefore a “must read” for all corporate counsel involved in workplace class action litigation.

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