Faruqi & Faruqi Wins Again: Second Circuit Denies Allergan’s 23(f) Petition To Appeal Class Certification

The Second Circuit Court of Appeals has denied Defendants’ application to appeal the District Court’s grant of class certification in In re Allergan PLC Securities Litigation.

After Judge Colleen McMahon of the Southern District of New York certified a class action against Allergan PLC in September of 2021, Defendants filed a Rule 23(f) petition with the Second Circuit Court of Appeals to appeal the class certification.  

In the Second Circuit, Rule 23(f) appeals are only appropriate where there is a novel legal question that is “of fundamental importance to the development of class actions” or where a final judgment after fully litigating the matter will be “inevitably reversed” on appeal. Sumitomo Copper Litigation v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139–40 (2nd Cir. 2001). 

Citing Sumitomo, the Second Circuit found that “an immediate appeal is not warranted,” allowing the case to move forward as a certified class action. 

The class action is captioned as In re Allergan PLC Securities Litigation, No. 18 Civ. 12089 (CM)(GWG).