You just lost on the class certification motion. Now what?

People generally know that Federal Rule of Civil Procedure 23(f) allows a party who has lost a motion for class certification to petition the court of appeals for discretionary interlocutory review. Courts have identified three grounds for granting Rule 23(f) review: (1) to resolve a fundamental and unsettled issue of class action procedure; (2) “death knell” situations; and (3) manifest error. But there are certain regularly asked questions about the process:

  • How frequently does the court of appeals grant review?
  • How long does it take the court of appeals to decide whether to grant or deny?
  • And if the petition is granted, does that mean the order likely will be reversed?

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