A Modest Proposal to Disturb the Sound of Appellate Silence: Why the Eighth Circuit Should Articulate a Rule 23(f) Standard for Appeals of Class Certification Decisions

February 13, 2015

More often than not, in class actions, the district court’s decision on class certification is the pivotal moment—the “crucial inflection point” in the case. The denial of class certification often spells the end of the litigation because it is no longer economically feasible to continue an individual suit; the grant of class certification can have the same effect for the defendant, by creating extraordinary settlement pressure on a defendant. As a result, “the fight over class certification is often the whole ballgame,” where the economics of litigation force the loser to retreat from the field of play, and the class certification decision itself becomes effectively unreviewable.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Stephen P. Safranski

Partner

Co-Chair, Antitrust and Trade Regulation Group

Related Publications

June 21, 2022
Briefly: How To Oppose An Extension If You Really Need To
Lauren J. Coppola and Rebecca Bact - Minnesota Lawyer
May 24, 2022
Briefly: Seeking Fees and Costs While on Appeal
Eric Magnuson, Gregory Voshell - Minnesota Lawyer
April 15, 2022
Briefly: The Persuasive Value of a Well-Crafted Citation
Eric Magnuson, Kaitlin Ek - Minnesota Lawyer
March 22, 2022
Briefly: Deadlines are Tight for Filing Amicus Briefs
Eric Magnuson and Charlie Gokey - Minnesota Lawyer
February 22, 2022
Briefly: Sweat the Small Stuff - It Matters
Minnesota Lawyer - Haynes Hansen and Eric Magnuson
Back to Top