When can a party appeal the certification of a class action?

A party can appeal the certification of a class action immediately, as class certification decisions are considered interlocutory rulings. This means that parties do not need to wait for the case to proceed to trial or for a final judgment to challenge the certification. The rationale is that class certification can significantly affect the rights of the parties involved, and an immediate appeal provides a mechanism to ensure that the decision can be evaluated by a higher court without the need to go through the entire trial process.

In contrast, waiting until after a final judgment would delay potentially important legal determinations and could complicate or undermine the trial process. Decisions about interlocutory matters like class certification can shape the course of litigation, potentially impacting settlement negotiations and the strategy employed by parties, warranting an immediate review to promote judicial efficiency and fairness.

Thus, the ability to appeal the certification of a class action immediately helps ensure that any legal errors in the certification process can be addressed without further complicating the litigation.