Hilton Hotels Retirement Plan, et al. v. Valerie White, et al.
1. Federal Rule of Civil Procedure 23(f) sets a "purposefully unforgiving" fourteen-day deadline to file a petition for permission to appeal from an order granting or denying class-action certification. Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 715-16 (2019). Although Nutraceutical held that there could be no equitable tolling applied to this rule, it left open the question as to when, if ever, the Rule 23(f) fourteen-day time period could, following an initial ruling on class certification, be restarted by a subsequent class certification motion.
The question presented is: Do successive motions for class certification restart the fourteen-day period under Federal Rule of Civil Procedure 23(f) for seeking permission to appeal an order granting or denying class certification?
2. Federal courts use the term "fail-safe" to describe a class whose individual membership only includes those found to have a valid claim against the defendants on the merits.
The question presented is: Does Federal Rule of Civil Procedure 23 permit certification of a "fail-safe" class?
Do successive motions for class certification restart the fourteen-day period under Federal Rule of Civil Procedure 23(f) for seeking permission to appeal an order granting or denying class certification?