Shelter Realty Corp. v. Allied Maintenance Corp.

KAUFMAN, Chief Judge:

In this case, we are once again confronted with an attempted appeal of an interlocutory order granting class action certification. Since the issues raised manifestly do not satisfy the tripartite test of “fundamentality,” “separability” and “irreparable harm” governing our Court’s extremely limited exception to the final judgment doctrine in class certification cases, we dismissed this appeal in open court. But, in light of the burgeoning caseload borne by this Court,1 the unnecessary burden on judicial resources imposed by futile appeals such as the one at bar has grown…