Legal Opinion

Coopers & Lybrand v. Livesay

Supreme Court of the United States

Decided June 21, 1978No. 76-1836PublishedCited by 3,100 opinions

1Opinion of the CourtJustice Stevens

The question in this case is whether a district court’s determination that an action may not be maintained as a class action pursuant to Fed. Rule Civ. Proc. 23 is a “final decision” within the meaning of 28 U. S. C. § 1291 1 and therefore appealable as a matter of right. Because there is a conflict in the Circuits over this issue, 2 we granted certiorari and now hold that such an order is not appealable under § 1291.

Petitioner, Coopers & Lybrand, is an accounting firm that certified the financial statements in a prospectus issued in connection with a 1972 public offering of securities in…

2Cases cited29 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. Abney v. United StatesSupreme Court of the United States · 1977
  5. Cobbledick v. United StatesSupreme Court of the United States · 1940

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3Cited by3,100 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  4. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  5. Johnson v. JonesSupreme Court of the United States · 1995

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