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Today on the WLF Legal Pulse Blog

Ninth Circuit Decision Allowing Appeal of Right from Order Denying Class Certification Is Ripe for Supreme Court Review

Rule 23(f) of the Federal Rules of Civil Procedure gives appeals courts unfettered discretion in deciding whether to permit an interlocutory appeal from a class certification decision. Most circuits have exercised that discretion sparingly. But a U.S. Court of Appeals for the Ninth Circuit decision issued last week affirmed that circuit’s unique rule: plaintiffs (but not defendants) are entitled to take an immediate appeal from an adverse class certification ruling, even when an appeals court panel has previously denied discretionary appeal under Rule 23(f). All plaintiffs need do is stipulate to dismissal of the complaint with prejudice, and then seek review of the order denying certification in connection with an appeal from the final judgment of dismissal. Never mind that a plaintiff who stipulates to dismissal of his lawsuit might reasonably be deemed to have abandoned his claims. . . . (continue reading here)

United States v. DeCoster
On July 27, 2015, WLF asked the Eighth Circuit to overturn a district court decision that would impose a term of imprisonment on two executives of Quality Egg LLC under the “responsible corporate officer” (RCO) doctrine—a rare instance of strict...
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In re: Restrictions on "Incidental Take" of Migratory Birds
On July 27, 2015, WLF filed formal comments with the U.S. Fish & Wildlife Service (FWS), calling on it to cease its efforts to assert regulatory authority over activities that have, at most, an incidental effect on migratory birds. The Migratory...
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Campbell-Ewald Co. v. Gomez
On July 23, 2015, WLF filed a brief in the U.S. Supreme Court, urging it to rule that when a plaintiff is offered everything he has asked for in a lawsuit, the case should be dismissed as moot. WLF argued that no actual controversy exists between...
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Baker v. Microsoft Corp.
On July 20, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a rehearing petition in a case in which an appeals court panel greatly expanded plaintiffs’ appeal rights in class actions. The decision was a setback for WLF, which filed a...
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Spokeo, Inc. v. Robins
On July 9, 2015, WLF asked the U.S. Supreme Court to overturn a decision of the U.S. Court of Appeals for the Ninth Circuit that would allow uninjured plaintiffs to sue in federal court for bare, technical violations of federal law. In a brief filed...
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CBS Corp. v. FCC: Business Confidentiality Trumps Broader Agency Disclosure at D.C. Circuit
By Rosemary C. Harold, a Partner with Wilkinson Barker Knauer LLP who previously served as a Legal Advisor to Federal Communications Commissioner Robert McDowell and as Deputy Chief of the FCC’s Media Bureau.
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Impact of Colorado High Court's Rejection of "Lone Pine Orders" Remains Open to Debate
By John Beisner, a Partner and head of the Mass Torts, Insurance and Consumer Litigation Group with Skadden, Arps, Slate, Meagher & Flom LLP; Geoffrey M. Wyatt, Counsel to the firm; and Jordan M. Schwartz, an Associate with the firm.
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Judicial Review of Informal Agency Pronouncements: Any Clearer After Young v. UPS and Perez v. MBA?
By Gregory F. Jacob, a Partner in the Washington, D.C. office of O’Melveny & Myers LLP, who served in the George W. Bush Administration as Solicitor of Labor, and Lynsey Ramos, an Associate in the firm’s New York City office.
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