Sentences with phrase «discretionary appellate review»

The Eighth Circuit granted discretionary appellate review under Rule 23 (f) and reversed both the order on the motion to dismiss and the class certification ruling, remanding with direction to dismiss the complaint.

For that reason, the U.S. Supreme Court adopted a rule in 1998 permitting discretionary appellate review of class certification rulings.

Not exact matches

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.