Supreme Court Rules That Deadline For Appealing Class Certification Decision Is Not Subject To Equitable Tolling

On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit, which had held that Rule 23(f) of the Federal Rules of Civil Procedure is subject to equitable tolling in appropriate circumstances.  Nutraceutical Corp. v. Lambert, No. 17-1094, -- S.Ct. -- (2019).  The Supreme Court ruled that the deadline in Rule 23(f) is mandatory and not subject to equitable tolling.  

In Nutraceutical, plaintiff brought claims pursuant to California consumer-protection law against defendant in the U.S. District Court for the Central District of California in March 2013.  Although the District Court initially certified the suit as a class action, it later revisited its class certification decision, and on February 20, 2015, ordered the class decertified (the "Decertification Order").  On March 2, 2015, at a status conference, plaintiff expressed his intent to file a motion for reconsideration, and