Funny how that happens.
This part is hilarious -- you know how some defendants want to jump the gun on class cert, show they are being "aggressive," and so move to strike the class allegations instead of just letting the process proceed as it should in an orderly fashion according to Rule 23.
But then they win(!) unexpectedly perhaps, and face the inevitable interlocutory petition under Rule 23(f).
But NO says the winning D:
Defendants argue that we lack jurisdiction to hear this appeal because Rule 23(f) only authorizes “an appeal from an order granting or denying class-action certification,” not an appeal from an order granting or denying a motion to strike class allegations. We reject Defendants’ narrow reading of Rule 23(f) because the district court’s order striking Plaintiffs’ class allegations “is the functional equivalent of denying a motion to certify the case as a class action.”Come on, seriously?
Some lawyers are just d*cks.