Bates v. Bankers Life & Cas. Co.

An order denying class certification or striking class allegations is not a final or appealable order and is not certifiable for immediate appeal under Federal Rule of Civil Procedure 54(b); instead a party may only seek appellate review under Rule 23(f) or 28 U.S.C. § 1292(b).  An order denying class certification or striking class allegations is not a final or appealable order.  The aggrieved party may seek discretionary review of such an order under Federal Rule of Civil Procedure 23(f) or 28 U.S.C. § 1292(b).  However, here plaintiff followed neither of these approaches but instead had the district court certify the order striking the class allegations under F.R.Civ.P. 54(b).  This certification did not work because the certified order did not finally resolve one or more of the claims.  Rule 54(b) does not give the trial court discretion to make an interlocutory order appealable.  Hence, the Court of Appeals lacked jurisdiction of the challenge to the order striking the class allegations.

Ninth Circuit Court of Appeals (per curiam); February 24, 2017; 2017 WL 727163

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