The Ninth Circuit's opinion in Narouz v. Charter Communications, LLC, ___ F.3d ___ (Jan. 15, 2010), begins:
This case presents the question of whether the settlement and voluntary dismissal by a class representative of his personal claims in a putative class action lawsuit renders moot his appeal of the denial of class certification. We hold that under the circumstances of this case, the appeal is not rendered moot.Slip op. at 1172. The 2-1 opinion also reverses the district court's order denying certification of a settlement class and denying preliminary approval.