Summary
finding class certification issue "raised a procedural right, not a substantive right"
Summary of this case from US Dominion, Inc. v. Fox News Network, LLCOpinion
C.A. No. 19974.
December 31, 2003.
Ronald A. Brown, Jr. Prickett, Jones Elliott, P.A. Wilmington, DE.
Raymond J. DiCamillo Richards, Layton Finger Wilmington, DE.
Dear Counsel:
I deny defendant's application to certify an interlocutory appeal of this Court's decision to certify this action as a class action. None of the criteria for certification have been met.
First, this Court's decision did not determine a substantial issue or establish a legal right. Class certification is a procedural determination, not a substantive one. Class certifications are fact-driven and usually sui generis. In this case, certification was driven by the defendant's opposition to joinder, the inability to locate certain shareholders, the real threat of filings in multiple jurisdictions, and the defendant's repeated refusal to respond to written inquiries from the petitioner shareholder regarding the company.
Second, no legal right has been established since the class action decision merely determined who could participate in the action. This is a procedural right, not a substantive right. The only substantive legal right in this case involves the fair value of the company on the merger date, an issue that is scheduled for trial in October 2004.
Finally, none of the criteria listed in Supreme Court Rule 42(b)(i)-(v) are met. A contrary ruling on class certification would not terminate or reduce further litigation; nor would it serve considerations of justice. Defendant can appeal this procedural issue at the end of the case, along with the ultimate substantive issue of fair price.
The application to certify an interlocutory appeal is denied.
IT IS SO ORDERED.