The Third Circuit Holds That It has Discretion to Limit Review to Certain Issues Presented in a Rule 23(f) Petition

Federal Rule of Civil Procedure 23(f) gives courts of appeals discretion to hear interlocutory appeals of class certification orders. But until recently, no circuit had directly resolved a narrower question about the nature of that discretion: if the appellate court grants a Rule 23(f) petition raising multiple issues, may the court pick and choose which issues to decide?…
By: Morrison & Foerster LLP – Federal Circuitry