Today's Recorder has Rule 23(f) Petitions in the Ninth Circuit: A Data-Driven Analysis by Sidley Austin's J.C. Andre, David Carpenter, and Paula Salazar. This crew analyzed 143 Rule 23(f) petitions in the 9th Circuit over the past 3 years and found:
- 22% of Petitions Were Granted, but the Grant Rate Was Much Higher for Plaintiffs: Out of the 145 petitions, 32 were granted, for an overall grant rate of 22%. ... Just 14.3% of defense petitions were granted (12 of 84). Yet 32.8% of plaintiff petitions were granted (20 of 61).
- Petitions Typically Take Around Three Months to Resolve.
- Prevailing on the Petition Does Not Foreshadow Prevailing on the Merits. Of the 32 petitions granted within our sample, 15 of the ensuing interlocutory merits appeals had been decided as of the time of this article. Of those, five (33%) resulted in vacatur or reversal, while 10 (66%) resulted in the district court’s order being affirmed.
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