By: Derek Hawkins//April 3, 2019//
United States Supreme Court
Case Name: Nutraceutical Corporation. v. Troy Lambert
Case No.: 17-1094
Focus: Statue of Limitations
To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of appeals “within 14 days after the order is entered.” Fed. Rule Civ. Proc. 23(f ). This case poses the question whether a court of appeals may forgive on equitable tolling grounds a failure to adhere to that deadline when the opposing party objects that the appeal was untimely. The applicable rules of procedure make clear that the answer is no.
Reversed and remanded
Dissenting:
Concurring: