The Death Knell Still Rings Naught!

Nguyen v. Applied Med. Res. Corp., No. G052207 (D4d3 Oct. 14, 2016)

Denials of class cert motions and grants of motions to compel arbitration of claims subject to class action waivers are usually appealable under the “death knell” doctrine. The gist is that what’s left of the case is usually not economically viable to try or arbitrate, so refusing the permit the plaintiff on proceed on a class basis is the “death knell” for the litigation more generally, and thus provides a justification for an interlocutory appeal.