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A recurring task for litigators is to seek appellate review of an issue prior to final judgment in a case. This endeavor often involves class action issues. Unfortunately, the Supreme Court has held that the grant or denial of class certification is not appealable under the "collateral order" doctrine, even where the ruling marks the "death knell" of the litigation. Enter Federal Rule of Civil Procedure 23(f), which, as attorney Mark I. Levy writes, can provide a reprieve from the "death knell."
May 06, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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