November 26, 2018 / 10:03 PM / 20 days ago

SCOTUS to consider deadline for class cert appeals in Nutraceutical sex-pill case

The U.S. Supreme Court will consider on Tuesday whether an appellate court erred when it extended the deadline for a California man to challenge a ruling that decertified a class action against Nutraceutical Corp over its Cobra Sexual Energy supplement, an aphrodisiac that he says failed to deliver.

The justices will hear arguments over whether the 9th U.S. Circuit Court of Appeals incorrectly held that a requirement that a party appeal a class certification order in 14 days was the type of rule whose deadline could be tolled, or extended, based on other considerations.

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