9th Cir. Std of Review for Class cert orders

Law360 has 9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic (by lawyers at Gibson Dunn), which argues that the "The Ninth Circuit's application of greater deference to orders that grant class certification creates an incentive for district courts to err on the side of granting class certification, even though the Supreme Court has stated that Rule 23 should "in practice exclude most claims.""

• Because there is no legitimate basis for the Ninth Circuit's approach to class certification appeals, class action defendants should make every effort to preserve challenges to this standard in all such appeals, and should consider seeking review of this important question from the en banc Ninth Circuit or the U.S. Supreme Court.