Legal Opinion
Monti v. Department of Industrial Relations
Court of Appeals for the Ninth Circuit
Decided September 26, 1978No. 77-3731PublishedCited by 2 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Plaintiffs appeal from an order of the district court denying their motion for class certification. In light of the Court’s recent decision in Gardner v. Westinghouse Broadcasting Co., -U.S. -, 98 S.Ct. 2451, 57 L.Ed.2d 364 (1978), this court lacks appellate jurisdiction under 28 U.S.C. § 1292(a)(1) to review the class certification denial. Alternatively, plaintiffs seek a writ of mandamus pursuant to 28 U.S.C. § 1651, to compel the district court to certify the class. The issuance of such a writ is inappropriate in this case. We therefore dismiss the appeal.
I
Plaintiff-app…
2Cases cited7 opinions
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Marcus T. Baumann v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Monti v. Department Of Industrial RelationsCourt of Appeals for the Ninth Circuit · 1978