The Ninth Circuit denied permission for Zuffa to appeal Judge Richard Boulware’s decision to grant class certification to the ’bout class’ of plaintiffs bringing claims alleging the promotion’s anti-competive conduct.
In a mundane, one page ruling on Tuesday, the Court granted the motion of the Chamber of Commerce to file an amicus brief in support of Zuffa as well as responsive pleadings in support. However, the second paragraph notes that the petition to appeal is denied.
The case cited, Chamberlan v. Ford Motor Co., is cited for its explanation on the court’s hesitancy for an interlocutory appeal. Interlocutory appeals are appeals of a non-final order issued during the course of litigation. The section cited here relates to the court’s policy that it does not want to use court resources because they are “disruptive, time-consuming, and expensive.” The section goes on to say that “appeals add to the heavy workload of the appellate courts, require consideration of issues that may become moot, and undermine the district court’s ability to manage the class action.”
Of course, Zuffa has a legitimate argument that this interlocutory appeal is necessary as it would decide whether or not this case would be a class action in the first place. But, for Plaintiffs a massive victory as the case now heads toward trial. There is still Zuffa’s Motion for Summary Judgment, but the Le plaintiffs have momentum as the trial date nears.
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