First, the tactic that plaintiffs» counsel attempted to use here was contrary to the rationale behind the Court's opinion in Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978), which held that a decision denying class certification was not appealable under a «death - knell» doctrine on the theory that such a ruling effectively ended the litigation. (massappellateblog.com)
The question presented was whether the Fourth Circuit had appellate jurisdiction — that is, whether the dismissal without prejudice was a final, appealable order under 28 U.S.C. 1291. (virginiaappellatelaw.com)
Assuming Stone is not subsequently reversed it appears that any final order from the first portion of a bifurcated trial that anticipates resolution of future further issues is not immediately appealable. (gregoryforman.com)