May 23, 2019 Articles

Must You Take “No” for an Answer?

Options after an adverse Rule 23(f) ruling in theory and practice.

By Martin Woodward

A circuit court’s denial of your petition for permission to appeal under Federal Rule of Civil Procedure 23(f) is, of course, your second consecutive adverse decision on class certification. But is it necessarily the final word? More specifically, are there other means by which you may still challenge the district court’s order, even after the circuit court’s ruling?

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