High Court: Rule 23(f) Deadline to Petition for Permission to Appeal Cannot be Extended

WASHINGTON, D.C. — The U.S. Supreme Court has ruled that federal appellate courts may not extend the deadline to file a petition for permission to appeal a class decertification ruling because Federal Rule of Civil Procedure 23(f) is not subject to equitable tolling.

In a Feb. 26 unanimous opinion delivered by Justice Sonia Sotomayor, the court explained that Federal Rule of Civil Procedure 23(f) specifically bars appellate courts from extending the time to file a petition for permission to appeal.

In 2013, Troy Lambert sued Nutraceutical Corp. in the U.S. District Court for the Central District of California, accusing the …