Case law · Highest court · Federal

Coopers & Lybrand v. Livesay

Decided
June 21, 1978
Docket
76-1836
Status
Published
Jurisdiction
Federal

Cited 3,269 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute, superseded on other grounds, overruled on other grounds, disapproved, abrogated (2 of 35 verified; none is a verified overruling) · Coleman v. United Services Automobile Association

What later courts said

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Me. Justice Stevens delivered the opinion of the Court.

The question in this case is whether a district court’s determination that an action may not be maintained as a class action pursuant to Fed. Rule Civ. Proc. 23 is a “final decision” [*465] within the meaning of 28 U. S. C. § 1291 [1] and therefore appealable as a matter of right. Because there is a conflict in the Circuits over this issue, [2] we granted certiorari and now hold that such an order is not appealable under § 1291.

Petitioner, Coopers & Lybrand, is an accounting firm that certified the financial statements in a prospectus issued in connection with a 1972 public offering of securities in Punta Gorda Isles for an aggregate price of over $18 million. Respondents purchased securities in reliance on that prospectus. In its next annual report to shareholders, Punta Gorda restated the earnings that had been reported in the prospectus for 1970 and 1971 by writing down its net income for each year by over $1 million. Thereafter, respondents sold their Punta Gorda securities and sustained a loss of $2,650 on their investment.

Statutes cited

Cite this

Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978)

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