In Al Otro Lado v. Wolf, ___ F.3d ___ (9th Cir. Mar. 5, 2020), the district court granted provisional class certification in order to issue a preliminary injunction. The Ninth Circuit had this to say about that procedure:
The government does not challenge the district court's provisional certification of the class for purposes of the preliminary injunction. We have approved provisional class certification for purposes of preliminary injunction proceedings. See Meyer v. Portfolio Recovery Assocs., LLC, 707 F.3d 1036, 1041-43 (9th Cir. 2012) (affirming provisional class certification for purposes of a preliminary injunction).
Slip op. at 15 n. 4. This blog's coverage of Meyer is at this link.
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