130 Cases analyzed and ranked by CARA A.I.

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  1. Nutraceutical Corp. v. Lambert

    139 S. Ct. 710 (2019)   Cited 9 times   11 Legal Analyses   
    Recognizing that time limitation in Federal Rule of Civil or Appellate Procedure may be tolled when, as here, "pertinent rule or rules invoked" do not show "clear intent to preclude tolling"
    When Lambert filed his petition, Federal Rule of Civil Procedure 23(f) authorized courts of appeals to "permit an appeal from an order granting or denying class-action certification ... if a petition for permission to appeal is filed ... within 14 days after the order is entered." The Court of Appeals held that Rule 23(f)'s time limitation is nonjurisdictional and thus, necessarily, subject to equitable tolling. While we agree that Rule 23(f) is nonjurisdictional, we conclude that it is not subject to equitable tolling.
    PAGE 714
  2. In re DC Water & Sewer Authority

    561 F.3d 494 (D.C. Cir. 2009)   Cited 9 times   
    • Con. Law - Other
    Noting that district courts may reconsider and modify class certification throughout the case
    In this case, the Rule 23(f) petition was filed on August 7, 2008, almost 17 months after the March 13, 2007 certification order. Even were we to adopt a rule tolling the time for filing a Rule 23(f) petition pending disposition of a timely filed motion to reconsider, the deadline would have been extended only to September 2007 when the district court denied WASA's reconsideration motion, almost one year before WASA filed its petition with this court. By any measure, then, the petition was far out of time. Notwithstanding the tardiness of its petition, WASA now argues that the Rule 23(f) filing window reopened on July 24, 2008 when the district court denied WASA's belated motion to clarify the certification order. Thus, WASA asserts, its August 7, 2008 petition for permission to appeal was timely because it was filed within ten days of the clarification denial. WASA's argument runs counter to the plain language of Rule 23(f).
    PAGE 496
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