« SCOTUSBlog Preview: First Amendment retaliatory arrests | Main | Universal injunction in asylum-point-of-entry (corrected) »

Tuesday, November 20, 2018

SCOTUSBlog preview: Equitable exceptions to claim-processing rules

I have a SCOTUSBlog preview of Nutraceutical Corp. v. Lambert (to be argued Nov. 27), considering whether the time period for taking a Rule 23(f) interlocutory appeal of a class-certification order is a claim-processing rule subject to equitable exception.

The case was the main topic on this week's First Mondays, live from Duke Law School and featuring Marin Levy and Stephen Sachs, who had fun with the underlying facts  of the suit involving the allegedly fraudulent sale of "Cobra Sexual Energy."

Posted by Howard Wasserman on November 20, 2018 at 10:55 AM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink

Comments

My guess is your take on the merits of the question presented. But if that's not what he meant I'll ask.

Posted by: Asher Steinberg | Nov 20, 2018 10:29:10 PM

Which merits? Of the court’s decision on the appeal? On the certification decision? Or on the merits of Cobra?

Posted by: Howard Wasserman | Nov 20, 2018 1:13:21 PM

What's your take on the merits, Howard?

Posted by: Scott Dodson | Nov 20, 2018 12:21:41 PM

Post a comment