Sixth Circuit Offers Rare Insight Into What to Focus on When Seeking Appellate Review of a Class Certification Decision Under Rule 23(f)

Earlier this month, the Sixth Circuit issued a two-page decision in In re Marietta Mem. Hosp., No. 17-0312, 2018 U.S. App. LEXIS 460 (6th Cir. Jan. 8, 2018) without much fanfare.  The Court denied defendants’ petition to appeal the district court’s certification of a class action in a Fair Labor Standards Act case.  Despite the seemingly innocuous nature of the decision, the Court provides rare insight into what factors it considers when evaluating whether to permit an appeal from a class certification decision under Fed. R. Civ. P. 23(f).  Specifically, the Court explained that it “[t]ypcially” considers four factors: “(1) whether the petitioner is likely to succeed on appeal under a deferential abuse-of-discretion standard; (2) whether the cost of continuing the litigation for either the plaintiff or the defendant presents such a barrier that subsequent review is hampered; (3) whether the case presents a novel or unsettled question…

Read more detail on Recent Advertising Law posts –

This entry was posted in Advertising Law and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply