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ARTICLE · 06 AUGUST 2026

Appellate Algebra Alert!

Duane Morris LLP
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When facing the need to petition the 9th Circuit for a discretionary interlocutory appeal in federal court, understanding the procedural requirements becomes critical. This column examines the specific rules governing appeals by permission, including petitions under Federal Rules of Civil Procedure rule 23(f) for class-action certification orders, and explores the intricacies of Federal Rules of Appellate Procedure rule 5.

United StatesLitigation, Mediation & Arbitration
Benjamin G. Shatz
Benjamin G. Shatz
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Assume you’re in federal court and you decide you need to petition the 9th Circuit for a discretionary interlocutory appeal of some sort. For example, this could be a petition under Federal Rules of Civil Procedure rule 23(f) to appeal an order granting or denying class-action certification. Federal Rules of Appellate Procedure rule 5 sets forth the procedures governing such an “Appeal by Permission.”

Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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