Legal Opinion

Z-Seven Fund, Inc. v. Motorcar Parts & Accessories

Court of Appeals for the Ninth Circuit

Decided October 18, 2000No. 00-55014PublishedCited by 15 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

The issue before us is whether an order appointing a “lead plaintiff” in an on-going securities fraud class action is a “collateral order” from which an interlocutory appeal can be taken. We hold that it is not, and therefore dismiss this appeal for lack of jurisdiction.

I. Background

Fourteen separate civil actions were commenced in the federal courts of New York and California against Motorcar Parts & Accessories, Inc. alleging violations of the securities laws. In general terms, it is alleged that Motorcar had concealed accounting irregularities and disseminated…

2Cases cited10 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
  4. Calderon v. United States District Court for the Central District of CaliforniaCourt of Appeals for the Ninth Circuit · 1998
  5. In Re Network Associates, Inc., Securities LitigationDistrict Court, N.D. California · 1999

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3Cited by15 opinions

  1. In Re Korean Air Lines Co., Ltd.Court of Appeals for the Ninth Circuit · 2011
  2. In Re David Cavanaugh in Re Michael Hannon in Re Richard Weiss in Re Raymond Pfeifer in Re Robert Herrgott, David Cavanaugh Michael Hannon Richard Weiss Raymond Pfeifer Robert Herrgott v. United States District Court for the Northern District of California, Quinn Barton, Real Party in InterestCourt of Appeals for the Ninth Circuit · 2002
  3. In re BankAmerica Corp. Securities LitigationCourt of Appeals for the Eighth Circuit · 2001
  4. Z-Seven Fund, Inc. v. Motorcar Parts & AccessoriesCourt of Appeals for the Ninth Circuit · 2000
  5. In re Flight Safety Technologies, Inc. Securities LitigationDistrict Court, D. Connecticut · 2005

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