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U.S. Supreme Court,
Civil Litigation,
Appellate Practice

Mar. 13, 2019

Equitable considerations won’t work, but will a motion for reconsideration or a Martian invasion?

The Supreme Court holds that there are no equitable exceptions to Rule 23(f)’s 14-day deadline to file a petition for permission to appeal an order granting or denying class certification, but does not address three other key questions.

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

In an unanimous decision penned by Justice Sotomayor, the U.S. Supreme Court held in Nutraceutical Corp. v. Lambert, 2019 DJDAR 1473 (Feb. 26, 2019), that the Court of Appeals may not equitably toll the deadline to file a petition for permission to appeal the grant or denial of class certification under F...

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