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U.S. Supreme Court,
Civil Litigation

Dec. 11, 2018

Absent a Martian invasion, are you out of luck?

The Supreme Court tackles whether there are any exceptions to Rule 23(f)’s 14-day deadline to file a petition for permission to appeal an order granting or denying class certification.

Jeremy S. Smith

Partner
Gibson, Dunn & Crutcher LLP

Email: JSSmith@gibsondunn.com

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Christopher Chorba

Partner
Gibson, Dunn & Crutcher LLP

333 S Grand Ave
Los Angeles , CA 90071

Phone: (213) 229-7000

Fax: (213) 229-7520

Email: CChorba@gibsondunn.com

Christopher is co-chair of the firm's Class Actions Practice Group.

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OT18

Is there a "catastrophic exception or the apocalyptic exception" to Rule 23(f)'s 14-day deadline to file a petition for permission to appeal an order granting or denying class certification? What if "there's a Martian invasion"? What if "the attorney is sick"? What if a judge tells a litigant the "wrong" date? Is the right rule that there is "not necessarily never [an exception], but not more than hardly ever?" Or is there "never" an exce...

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