Legal Opinion
Troy Lambert v. Nutraceutical Corp.
Court of Appeals for the Ninth Circuit
Decided September 15, 2017No. 15-56423PublishedCited by 26 opinions
1Opinion of the Court
OPINION
PAEZ, Circuit Judge:
Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court’s order granting or denying class certification. This case is about whether and when the fourteen-day Rule 23(f) deadline may be tolled. In a matter of first impression for this court, we hold that the Rule 23(f) deadline is not jurisdictional, thus equitable exceptions apply. We therefore hold that a motion for reconsideration filed within the Rule 23(f) deadline will toll the deadline. Parting ways with some of our sister circuits, we further hold that…
2Cases cited37 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Bowles v. RussellSupreme Court of the United States · 2007
- Comcast Corp. v. BehrendSupreme Court of the United States · 2013
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Korea Supply Co. v. Lockheed Martin Corp.California Supreme Court · 2003
32 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Nutraceutical Corp. v. LambertSupreme Court of the United States · 2019
- Huu Nguyen v. Nissan North America, Inc.Court of Appeals for the Ninth Circuit · 2019
- Joyce Walker v. Life Ins. Co. of the SouthwestCourt of Appeals for the Ninth Circuit · 2020
- Fred Bowerman v. Field Asset Services, Inc.Court of Appeals for the Ninth Circuit · 2022
- Justin Lytle v. Nutramax Laboratories, Inc.Court of Appeals for the Ninth Circuit · 2024
21 more not listed; retrieve them via the Exa API.