CHAMBERLAN v. FORD MOTOR CO.

No. 04-80074.

402 F.3d 952 (2005)

Susan CHAMBERLAN and Henry Fok, Plaintiffs-Respondents, v. FORD MOTOR COMPANY, Defendant-Petitioner.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2005.


Attorney(s) appearing for the Case

Brian C. Anderson, Matthew M. Shors, and Michael E. Stamp, O'Melveny & Myers, Washington, D.C., for the defendant-petitioner.

Suzanne Solomon and Michael F. Ram, Levy, Ram & Olson, San Francisco, CA, for the plaintiffs-respondents.

Before: LEAVY, McKEOWN, and BERZON, Circuit Judges.


PER CURIAM.

Federal Rule of Civil Procedure 23(f) permits a discretionary interlocutory appeal from a district court order denying or granting a class action certification. Although other circuits have explored the contours of the rule, we have not. We take this opportunity to identify for the first time the criteria we will consider in evaluating whether to permit an interlocutory appeal under Rule 23(f).

We begin with the premise that Rule 23(f) review should...

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