The Third Circuit Holds That It has Discretion to Limit Review to Certain Issues Presented in a Rule 23(f) Petition

Federal Rule of Civil Procedure 23(f) gives courts of appeals discretion to hear interlocutory appeals of class certification orders.  But until recently, no circuit had directly resolved a narrower question about the nature of that discretion:  if the appellate court grants a Rule 23(f) petition raising multiple issues, may the court pick and choose which issues to decide?  In In re Avandia Marketing, Sales Practices and Products Liability Litigation, No. 25-2278 (July 21, 2026), the Third Circuit held that the answer is yes.

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