Sperling v. Hoffman-La Roche Inc.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

Introduction

This appeal is before us following the district court’s certification pursuant to 28 U.S.C. § 1292(b) of its order giving court authorization to plaintiffs in an action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., to send a notice to those members of the asserted class who have not yet opted in to plaintiffs’ suit. The district court, Judge Harold A. Ackerman, identified the controlling question of law as to which there is substantial ground for difference of opinion as whether, in a case governed by 29…