On November 27, 2018, Jonathan A. Herstoff presented argument to the United States Supreme Court in Nutraceutical Corp. v. Lambert, No. 17-1094 (U.S.). The case involves the question of whether the United States Court of Appeals for the Ninth Circuit properly entertained an interlocutory appeal in a class action under Federal Rule of Civil Procedure 23(f). Specifically, the Court considered whether the Ninth Circuit properly reached the merits of the appeal where a motion for reconsideration of the district court's decertification order was filed within the time set by the district court, and the petition for permission to appeal was filed 14 days after the district court's reconsideration order. The case presents the question of whether the appeal was timely under the Federal Rules, and if not, whether equitable exceptions apply that require the appeal to be considered on the merits. Jonathan argued on behalf of Respondent Troy Lambert. A decision from the Court is expected by the end of June 2019.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
