- Anthropic filed its Rule 23(f) petition seeking interlocutory appeal of Judge Alsup’s class certification in Bartz v. Anthropic.
- Under Fed. R. Civ. P. 23(f): “A court of appeals may permit an appeal from an order granting or denying class-action certification under this rule, but not from an order under Rule 23(e)(1). A party must file a petition for permission to appeal with the circuit clerk within 14 days after the order is entered or within 45 days after the order is entered if any party is the United States, a United States agency, or a United States officer or employee sued for an act or omission occurring in connection with duties performed on the United States’ behalf. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.”
- Meanwhile, the trial is slated to start on December 1, 2025, with the expected main event being how much statutory damages a jury in San Francisco will award the Bartz book authors for Anthropic’s downloading of pirated copies of their books.
- Obviously, a lot hangs on whether the 9th Circuit allows the interlocutory appeal.
