Second Circuit Holds That Denial Of Motion To Amend Class Certification Order Does Not Constitute An Order For Purposes Of Interlocutory Appeal Of Class Certification Under Rule 23(f)

On May 3, 2011, the Second Circuit issued an important opinion in Fleischman, et al. v. Albany Medical Ctr., et al., No. 10-0846 (2d Cir. May 3, 2011), denying a petition for interlocutory appeal of a district court’s denial of a motion to amend a class certification order because the petition was untimely pursuant to Rule 23(f).

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