Class Actions—Time to Appeal Class Certification

Nutraceutical Corp. v. Lambert, No. 17-1094

Federal Rule of Civil Procedure 23(f) establishes a fourteen-day deadline to seek leave to appeal an order granting or denying class certification. Most lower courts have concluded that this and similar mandatory but non-jurisdictional deadlines must be strictly enforced. After the U.S. Court of Appeals for the Ninth Circuit broke from these other courts by holding that Rule 23(f)’s deadline is subject to equitable exceptions, the Court today granted certiorari to consider whether such exceptions may apply to extend mandatory, non-jurisdictional claim-processing rules, such as the fourteen-day deadline imposed by Rule 23(f).