The 1998 amendment of Federal Rule of Civil Procedure 23 adding interlocutory appeals of class certification under new subsection (f) gave the federal courts of appeal a great deal of discretion in determining when review is appropriate. Most of the circuit courts have developed standards for review under Rule 23(f), or at least issued substantive opinions that give practitioners guidance on when they will accept such cases, according to attorney Paul C. Ziebert. In this article, Ziebert looks at the rulings in each circuit, starting with the initial interpretation of the rule in 1999 by the U.S. Court of Appeals for the Seventh Circuit.
Posted by Editor at February 2, 2004 05:24 AM