Archive for August 24th, 2009

As reported by Yuma, AZ CBS affiliate KSWT TV, the Arizona Supreme Court issued an opinion today holding that denials of class certification are not subject to interlocutory appeal under the state’s regular appeals procedure.   A slip copy of the decision is available at the court’s website: Garza v. Swift Transportation Co., No. CV-08-0382-PR (Ariz., August 24, 2009).  It is important to note that the court recognized that interlocutory appeals of class certification decisions may still be allowed in “extraordinary” cases under the state’s “special action jurisdiction” rules.

In reaching the decision, the court overruled its own prior decision and instead relied on federal jurisprudence prior to the addition of FRCP 23(f) in 1998, which now expressly permits discretionary interlocutory appeals in the federal courts.  In addition to illustrating how state court rules on interlocutory appeal of class certification decisions may differ from the federal courts, the case reflects how state court rules may lag behind the Federal Rules of Civil Procedure and how the state courts may apply outdated federal precedent in interpreting their own rules.

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