Legal Opinion
Susan Chamberlan and Henry Fok, Plaintiffs-Respondents v. Ford Motor Company, Defendant-Petitioner
Court of Appeals for the Ninth Circuit
Decided March 31, 2005No. 04-80074PublishedCited by 79 opinions
1Per curiam
Federal Rule of Civil Procedure 23(f) permits a discretionary interlocutory appeal from a district court order denying or granting a class action certification. Although other circuits have explored the contours of the rule, we have not. We take this opportunity to identify for the first time the criteria we will consider in evaluating whether to permit an interlocutory appeal under Rule 23(f).
We begin with the premise that Rule 23(f) review should be a rare occurrence. We adopt the principles justifying review that are set out in the Advisory Committee Notes — the presence of a death knell…
2Cases cited7 opinions
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
- Valentino v. Carter-Wallace, Inc.Court of Appeals for the Ninth Circuit · 1996
- Waste Management Holdings, Inc. v. MowbrayCourt of Appeals for the First Circuit · 2000
- Prado-Steiman Ex Rel. Prado v. BushCourt of Appeals for the Eleventh Circuit · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Victor Parsons v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
- Lozano v. AT & T Wireless Services, Inc.Court of Appeals for the Ninth Circuit · 2007
- Wolin v. Jaguar Land Rover North America, LLCCourt of Appeals for the Ninth Circuit · 2010
- Catherine Evon v. Law Offices of Sidney MickellCourt of Appeals for the Ninth Circuit · 2012
- Dukes v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
74 more not listed; retrieve them via the Exa API.