Nutraceutical Corp. v. Lambert

Argument:  November 27, 2018
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Nutraceutical Corp.:  Equitable exceptions DO NOT APPLY to mandatory claim-processing rules, such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and CANNOT excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f).

Lambert:  Equitable exceptions APPLY to mandatory claim-processing rules, such as Federal Rule of Civil Procedure 23(f), which sets a 14-day deadline to file a petition for permission to appeal an order granting or denying class-action certification, and CAN excuse a party’s failure to file timely within the deadline established by Federal Rule of Civil Procedure 23(f).

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