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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Certification Orders

Lessons From Labcorp v. Davis, Complying With Strict Procedural Requirements, Developing a Solid Appeal Strategy

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Rule 23(f) of the Federal Rules of Civil Procedure authorizes interlocutory review of class certification orders at the discretion of the federal courts of appeal. Litigants seeking interlocutory review must comply with strict procedural requirements under Rule 23(f), including a limited amount of time to appeal, but they do not need to seek leave of the trial court.

The Committee Notes to Rule 23(f) observe that appeals "may be granted or denied based on any consideration that the court of appeals finds persuasive." Nonetheless, all the courts of appeal have identified considerations they find more persuasive in permitting appeals, but no two are alike.

Listen as our panel examines how the federal courts address Rule 23(f) appeals and provides strategies for counsel for pursuing or opposing interlocutory review of a class certification decision. The panel will also address the recent Supreme Court Microsoft v. Baker ruling halting a plaintiff's ability to circumvent Rule 23(f) by voluntarily dismissing the underlying claims with prejudice after the district court denies certification.

Presented By

Michael D. Leffel
Partner
Foley & Lardner LLP

Mr. Leffel is a partner and litigation lawyer with Foley & Lardner LLP. His practice focuses on complex commercial litigation matters, including class actions. Mr. Leffel is the chair of the firm’s Consumer Law, Finance & Class Action Practice. He is a member of the firm's Appellate, Consumer Financial Services, and Business Litigation & Dispute Resolution Practices. Mr. Leffel is an adjunct professor at the University of Wisconsin Law School, where he teaches “Complex Litigation.”

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Michael J. Ruttinger
Partner
Tucker Ellis

Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across the country. He advises and advocates for clients at all phases of a case, from pre-litigation consulting on regulatory issues, to dispositive and class-certification motions, to appeals. Mr. Ruttinger regularly handles complicated, high-stakes issues for clients ranging from challenges to class certification to developing strategies for seeking summary judgment and excluding unreliable expert opinions. He is a frequent writer and speaker on the application of class action and product liability laws to emerging technologies.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, August 28, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Critical features of Rule 23(f)

A. No automatic right to appeal

B. No automatic stay of district court proceedings

C. Time to appeal

D. Standards of review

II. "Death knell" cases and "reverse death knell" cases

III. Blair approach

IV. Prado five-factor test

V. Variations of the Blair and Prado approaches

VI. Challenging motion for appellate review of class certification

VII. Lessons from Labcorp v. Davis

The panel will review these and other key issues:

  • What are the lessons for class counsel from recent case law addressing Rule 23(f) appeals?
  • What are key procedural requirements of Rule 23(f)?
  • What standards are the courts applying in granting or denying an interlocutory appeal of a certification decision?