← Practice areas
Class actions
Certification, decertification, and the interlocutory appeal that decides the case before it is tried.
Standard of review — Abuse of discretion, but predominance is reviewed closely.
A certification order is usually the whole case. Rule 23(f) gives you fourteen days and no extensions, which means the petition has to be drafted before the order issues.
We are typically retained the week certification is briefed, not the week it is decided.
On the record — class actions
- No. 23-0612 2d Cir.
Predominance was not established. Certification order reversed on Rule 23(f) interlocutory review.
Reversed 2023
Send us the record
If the judgment is wrong, it is worth one conversation.
We read the opinion and the operative briefs before the first call, at no charge. You will get a straight answer about whether an appeal is worth funding.