DBL Law

DBL Law, Cincinnati Law Firm

SUBSCRIBE
  • About Us
  • Practices
  • Attorneys
  • News/Events
    • COVID-19 Business Resources
    • Blogs
      • Civil Litigation
      • Criminal Defense
    • Events
    • Firm News
    • Legal Alerts
    • Newsletters
  • Contact
    • Northern Kentucky
    • Louisville, KY
    • Cincinnati, OH
    • Careers
  • Excel Title

New Kentucky Class Action Rules Include Right of Interlocutory Appeal of Certification Order

April 4, 2011 DBL Law

The Kentucky Supreme Court did a major overhaul of Kentucky Civil Rule 23 governing class action litigation effective January 1, 2011. The new Kentucky Rule largely tracks its federal counterpart, FRCP 23.  One of the new provisions in the Kentucky rule is CR 23.06, which provides for an interlocutory appeal of an order granting or denying class certification. It also governs the effect of an interlocutory appeal on existing court proceedings.

The language of CR 23.06 is substantially similar to the language of FRCP 23(f), but there are several important differences.  First, Rule 23.06 provides that an order granting or denying class action certification is appealable within 10 days after the order is entered, while FRCP 23(f) provides 14 days within which to appeal a grant or denial of class certification.  Second, Rule 23.06 provides for an interlocutory appeal as a matter of right, while FRCP 23(f) provides the federal appellate court discretion whether to accept the appeal on an interlocutory basis.  Both the state and federal Rules provide that an interlocutory appeal does not stay the proceedings in the trial court unless the trial court or the appellate court so orders. Finally, Rule 23.06 states that an appeal “shall be expedited in the appellate courts,” while FRCP 23(f) is silent on the issue. 

The foregoing post includes commentary reprinted from the forthcoming 2011 supplement to Rules of Civil Procedure Annotated, 6th ed. (Vols. 6 & 7, Kentucky Practice Series), by David V. Kramer and Todd V. McMurtry, with permission of the authors and publisher. Copyright (c) 2011 Thomson Reuters. For more information about this publication please visit http://store.westlaw.com/rules-of-civil-litigation-annotated-6th-vols-6-7-kentucky/130503/11774808/productdetail.

David Kramer is a Northern Kentucky attorney practicing at Dressman Benzinger LaVelle psc.

Subscribe to the DBL Civil Litigation blog.

« Back to news

Subscribe
 
  • Best Places To Work NKY 2020
  • Best Places To Work 2020
  • Top Work Places

    2011 – 2020

NORTHERN KENTUCKY
  (859) 341-1881
CINCINNATI, OH
  (513) 241-4110
LOUISVILLE, KY
  (502) 572-2500
©Copyright 2021 DBL Law All Rights Reserved
THIS IS AN ADVERTISEMENT