Skip to main content

Rule 23(f) Granted; Lower Court Reversed!

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.


  1. Where's the penis drawing from the Halmos deposition?

  2. Great job, and yes, some lawyers are just d*cks and spend all their time coming up with this type of hair-splitting.

  3. I'm sorry, SFL, but that's totally a fair argument given the plain language of the rule.

  4. P. Guyotat, it just seems hypocritical and unfair to use a device outside Rule 23 to dismiss class allegations (12b motion to strike) but than argue on appeal that it is not functionally the same as a denial of class cert.

  5. Defense lawyers pull these dick moves because the courts allow them to.


Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.