After a lively oral argument interrupted eight times by laughter, a unanimous Supreme Court reached a serious holding in Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019): that Fed. R. Civ. P. 23(f)’s 14-day period for requesting permission to appeal class certification orders cannot be equitably tolled.
The class-action plaintiff in Lambert sued for an alleged violation of the California consumer protection law. Although the district court originally allowed the plaintiff to proceed on behalf of a class, the court later ordered the class decertified. The plaintiff ...
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