Tuesday, August 14, 2012

Google’s Request to Appeal Class Certification was Granted


On August 14, 2012, the Second Circuit Court of Appeals granted Google's request for permission to appeal the Southern District of New York's certification of two classes of plaintiffs in the Authors Guild v. Google case. (For prior blog posts about this case, click here.)

Pursuant to Rule 23(f), an appeal of class certification does not result in an automatic stay of the underlying case. Instead, either the order granting the appeal must specifically impose a stay (which this one does not) or the district court must affirmatively order a stay. As of this writing, the district court has not entered such an order.

The Second Circuit's order granting the appeal was entered as Docket No. 1057 on the district court's docket. (But, it does not yet appear in the Justia report – check Justia later, as it will probably be posted in due course.)

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