Opinion · Court of Appeals for the Seventh Circuit

Gary v. Sheahan

188 F.3d 891

Type
Opinion
Court
Court of Appeals for the Seventh Circuit
Jurisdiction
Federal
Date
1999-08-19
Topic
general

How later courts describe this case

  • discussing Fed. R.Civ.P. 23(f) interlocutory review of orders involving class certification and noting that it "permit[s] the parties to proceed in confidence about the scope and stakes of the case thereafter"
  • discussing Fed. R.Civ.P. 28(f) interlocutory review of orders involving class certification and noting that it "permit{s] the parties to proceed in confidence about the scope and stakes of the case thereafter"
  • “Accepting an appeal from such a decision [leaving the class definition in place] would abandon the tim e lim it for all practical purposes. That step would be both unauthorized and imprudent.”
  • "... and we do not think that it matters what caption the litigant places on the motion to reconsider.”
  • "[I]f in response to a belated motion for reconsideration the judge materially alters the decision, then the party aggrieved by the alteration may appeal within the normal time."
  • “[A] motion to reconsider filed more than ten days after the order is too late to preserve the possibility of appeal under Rule 23(f
  • "[B]y styling a motion to reconsider as a motion to decertify the class, a litigant could defeat the function of the ten-day line drawn in Rule 23(f) ... Rule 23(f
  • “[I]f in response to a belated m otion for reconsideration the judge m aterially alters the decision, then the party aggrieved by the alteration m ay appeal within the normal time.”

Citator

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Cited by
36 opinions