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Friday, November 12, 2010

Delodder v. Aerotek, Inc.: Ninth Circuit Allows Appeal from Order Denying Class Certification

The Ninth Circuit Court of Appeals on Monday took the relatively unusual step of allowing a party to appeal a district court order on class certification. Such appeals are discretionary under FRCP 23(f).

On August 16, 2010, the district court (Snyder, C.D. Cal.) denied the plaintiff's motion to certify a class of people employed by defendant Aerotek, Inc., as recruiters and recruiter trainers. The plaintiffs petitioned the Ninth Circuit for permission to appeal, and the Ninth Circuit agreed. Delodder v. Aerotek, Inc., No. 10-80178 (November 8, 2010).

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