Ninth Circuit Declines Review of Merits Issues for Class Certification on Interlocutory Appeal | Practical Law
In Stockwell v. City and County of San Francisco, the US Court of Appeals for the Ninth Circuit held that on a Federal Rule of Civil Procedure (FRCP) 23(f) appeal from a class certification decision, special force applies to the principle that merits issues may only be considered to the extent necessary to determine whether the FRCP 23 prerequisites have been satisfied.