Whether the Ninth Circuit erred in applying equitable tolling to allow an untimely petition for permission to appeal a class decertification order

QUESTIONS PRESENTED 1. Constitution of the United States of America 1789 (rev. 1992). All persons born or naturalized in the United States and ; subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws, 2. The Supreme Court held that such claims were viable. Id. At 215. Interpretation the former workers’ compensation carrier from the entire field of tort law" and that it could not be read as bar to a claim that is not based on a job-related injuries. "Id. at 214. In Aranda v. Insurance Co. of North America, 748 S.W.2d 210 3. Applying equitable tolling, the Ninth Circuit allowed the untimely petition for permission to appeal the class decertification order, where the plaintiff orally informed the district court of his intent to file a motion for reconsideration, complied with the district court's ordered deadline to file a motion for reconsideration, and acted diligently in seeking permission to appeal the class decertification order after the court ruled on the reconsideration motion. See id. at 1178-79.