Federal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification. But it is sometimes possible for other orders to come along for the ride, as demonstrated by the Fourth Circuit’s recent decision in Elegant Massage LLC v. State Farm Mutual Automobile Insurance Company, 95 F.4th 181 (4th Cir. 2024). The court’s use of pendent appellate jurisdiction could expand the opportunities for interlocutory review of merits-related rulings in class action litigation.
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