After the district court granted Nutraceutical’s motion to decertify Plaintiff Troy Lambert’s class action suit, the Ninth Circuit reversed, in an opinion that excused Plaintiff’s failure to timely file his petition for permission to appeal within the mandatory 14-day window set forth in Federal Rules of Appellate Procedure 23(f). In its opinion, the Ninth Circuit acknowledged that its decision to excuse Plaintiff’s failure to timely file conflicted with decisions of the other United States Circuit Courts of Appeals that have considered the issue (including the Second, Third, Fourth, Fifth, Seventh, Tenth, and Eleventh).
Nutraceutical Corp. is represented by John C. Hueston and Joe Reiter of Hueston Hennigan LLP.
The case is captioned Nutraceutical Corp. v. Lambert, Dkt. No. 17-1094.