Harbor Freight Tools USA Inc. must wait to contest certification in a class suit alleging recalled chainsaws don’t shut off, after the Ninth Circuit denied the company’s request for an immediate appeal.
The U.S. Court of Appeals for the Ninth Circuit Thursday denied Harbor Freight’s request for a quick appeal under Fed.R.Civ. P. 23(f), which gives appeals courts the discretion to immediately review certification decisions. Such appeals aren’t commonly granted.
Judges Richard Clifton and Kenneth K. Lee denied the company’s motion.
Will Kaupelis and Frank Ortega allege flawed switches on certain 14-inch chainsaws are prone to malfunction, causing the chainsaw ...