Petition For Permission to Appeal Class Certification Decision by FRCP 23(f)

This legal template is designed to assist attorneys and litigants in drafting a petition to seek permission to appeal a class certification decision under Federal Rules of Civil Procedure (FRCP) 23(f). Class certification is a crucial step in class action lawsuits, where a court determines whether a case can proceed as a class action with a defined group of plaintiffs.

In certain circumstances, when a district court grants or denies class certification, either party may wish to seek immediate review by a higher court. FRCP 23(f) grants the discretion to the Court of Appeals to permit an interlocutory appeal of a class certification decision. This template aims to help outline the necessary components of such a petition.

The template may include sections to identify the parties involved, the district court's decision regarding class certification, and the legal basis for seeking permission to appeal. It might also provide space to present arguments and cite relevant legal precedents supporting the request. Additionally, the template could include a statement of the issue(s) of law that require appellate court review and the reasons why an immediate appeal is warranted.

Overall, the petition seeks to convincingly demonstrate to the Court of Appeals the significance and potential error in the district court's class certification decision, influencing the court to grant permission to appeal and thus initiate the appellate review process.