Can an order of the district court which effectively reduces the size of a certified class action be corrected on appeal?
MultiRegion, United States of America
The following excerpt is from Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977):
A recent decision of this court stands as persuasive authority that any injury occasioned by an order of the district court which effectively reduces the size of a certified class may be corrected on appeal after a final judgment and hence is not irreparable. In Catena v. Capitol Industries, Inc., 543 F.2d 77 (9th Cir. 1976), the district court provisionally certified the plaintiff's securities fraud case as a Rule 23(b)(3) class action, but also ordered that notice be
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