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Appellate Practice

Feb. 17, 2010

Denial of Class Certification: Preserving the Right to Appeal

James Martin and Zareh Jaltorossian of Reed Smith address the disagreement behind how a voluntary settlement impacts a class representative's standing to appeal.

By James Martin and Zareh Jaltorossian

As the named plaintiff in a putative class action, you try vigorously to have your class certified. Unfortunately, class certification is denied and you are left with the dilemma of what to do about your individual claim pending appeal of the certification denial. You decide to settle your claim and appeal the certification denial on behalf of your aggrieved class members. No problem, right? Since the denial of certification terminat...

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