Legal Opinion

Waste Management Holdings, Inc. v. Mowbray

Court of Appeals for the First Circuit

Decided March 31, 2000No. 99-8015PublishedCited by 345 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This is a petition for leave to appeal from a class certification order. It provides us with our first real opportunity to delineate the circumstances in which a court of appeals should exercise its discretion to allow an interlocutory appeal under Fed.R.Civ.P. 23(f). Seizing that opportunity, we offer some general guidance and limn three types of cases in which we will be inclined to grant such applications.

We then move from the general to the particular. While the petition at hand does not present an especially compelling case for interlocutory review, we nonetheless…

2Cases cited26 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996

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3Cited by345 opinions

  1. Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
  2. Messner v. Northshore University HealthSystemCourt of Appeals for the Seventh Circuit · 2012
  3. In Re Hydrogen Peroxide Antitrust LitigationCourt of Appeals for the Third Circuit · 2009
  4. Bally Total Fitness Corp. v. JacksonTexas Supreme Court · 2001
  5. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001

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