Legal Opinion
Kohn v. Royall, Koegel & Wells
Court of Appeals for the Second Circuit
Decided May 3, 1974No. 375, Docket 73-2049PublishedCited by 32 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
Whether an order granting or denying class action status is an appealable “final” order, 28 U.S.C. § 1291, is a question that has received an inordinate amount of scrutiny by circuit courts,1 *1095and may, we hope, soon be resolved with some measure of certainty by the Supreme Court.2 Although such orders are interlocutory in nature, we have sustained the appealability of those denying confirmation of the class where that denial, because of the relatively small amount of the individual claim, would for all practical purposes be the “death knell of the action.” Eisen…
2Cases cited26 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Cobbledick v. United StatesSupreme Court of the United States · 1940
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
21 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
- Fed. Sec. L. Rep. P 96,038 Randolph Phillips v. John E. Tobin, Ralph K. Gottshall, and Alleghany CorporationCourt of Appeals for the Second Circuit · 1976
- General Motors Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1974
- In Re Master Key Antitrust LitigationCourt of Appeals for the Second Circuit · 1975
- Shelter Realty Corp. v. Allied Maintenance Corp.Court of Appeals for the Second Circuit · 1978
27 more not listed; retrieve them via the Exa API.