United States Ninth Circuit

Dismissal with prejudice of plaintiff's putative class-action claims against defendant, following the district court's denial of plaintiff's motion for class certification, is affirmed, where: 1) appellate jurisdiction exists because, in the absence of a settlement, a stipulation that leads to a dismissal with prejudice does not destroy the adversity in that judgment necessary to support an appeal; and 2) the district court did not abuse its discretion in holding that the proposed classes that plaintiff was capable of representing did not meet the requirement that common questions predominated over individual issues under Fed. R. Civ. P. 23(b)(3), and that was the only sub-part of Rule 23(b) on which plaintiff relied.

Appellate Information

• Decided 02/03/2014
• Published 02/03/2014

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel