Appellate: The Landscape Of Pretrial Appeals Is Changing Rapidly

In class action lawsuits, much of the focus is on pretrial motions—and often, the appeal of lower court rulings on those motions. But for defendants, two trends could make it more difficult to win on those appeals.

When class action litigants want to challenge a district court’s decision either certifying or refusing to certify a class, they have to file a Rule 23(f) petition asking the Court of Appeals to take the case. “Getting such […]

By | February 12th, 2025 ||

Two Appellate Courts Weigh “Uptier” Transactions Under New York Law

On December 31, 2024, the United States Court of Appeals for the Fifth Circuit and the New York Appellate Division, First Department, both issued decisions evaluating the validity of so-called “uptier” transactions under New York law. In re Serta Simmons Bedding, LLC, Excluded Lenders, No. 23-20181 (5th Cir. Dec. 31, 2024) (“Serta”); Ocean Trails CLO VII, et al. v. MLN TopCo Ltd., et al., No. 2024-00169 (N.Y. App. Div. 1st Dep’t Dec. 31, 2024) (“Mitel”). These […]

By | February 11th, 2025 ||

Appellate Showdown Over FCA Qui Tam Provision’s Constitutionality Reaches Eleventh Circuit

As we anticipated in our October 17, 2024, blog, both the Government and the Relator have appealed the district court’s decision in U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, et al. (Zafirov), the first case to hold that the qui tam provision of the federal False Claims Act violates the Appointments Clause of the U.S. Constitution. Briefly, on September 30, 2024, the United States District Court for the Middle District of Florida reasoned that qui tam relators, as whistleblowers, […]

By | February 8th, 2025 ||