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Focus (Forum & Focus)

Jan. 31, 2009

Ditching Class

A recent ruling proves that one named plaintiff can jeapordize an entire class by settling his or her individual claims, write Margaret Grignon and Zareh Jaltorossian. - Focus Column

FOCUS COLUMN

By Margaret Grignon and Zareh Jaltorossian

It is no big news to litigators that a party can surrender the right to appeal a judgment or appealable order by express waiver. But there also appears to be no shortage of ways appellants can shoot themselves in the foot by unwittingly undermining that right. An appellant, for example, may lose the right to appeal either impliedly or by operation of law by filing an untimely appeal, volunta...

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