Devlin v. Scardelletti, 536 U.S. 1, 3 (2002)

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Cite as: 536 U. S. 1 (2002)

Opinion of the Court

right to appeal from an action that finally disposes of one's rights has a statutory basis. 28 U. S. C. 1291. Pp. 11-14.

265 F. 3d 195, reversed and remanded.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined, post, p. 15.

Thomas C. Goldstein argued the cause for petitioner. With him on the briefs were Erik S. Jaffe and Brian Wolfman.

Laurence Gold argued the cause for respondents. With him on the brief were Andrew D. Roth, David L. Shapiro, William F. Hanrahan, and Kenneth M. Johnson.

Patricia A. Millett argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Gregory G. Garre, Marleigh D. Dover, Irene M. Solet, David M. Becker, Jacob H. Stillman, and Eric Summergrad.*

Justice O'Connor delivered the opinion of the Court.

Petitioner, a nonnamed member of a class certified under Federal Rule of Civil Procedure 23(b)(1), sought to appeal the approval of a settlement over objections he stated at the fairness hearing. The Court of Appeals for the Fourth Circuit held that he lacked the power to bring such an appeal because he was not a named class representative and because

*Briefs of amici curiae urging reversal were filed for the Council of Institutional Investors by Mark C. Hansen and Neil M. Gorsuch; and for Charles C. Yeomans by Katherine K. Yunker.

Seth P. Waxman, Edward C. DuMont, and Christopher R. Lipsett filed a brief for Citibank (South Dakota), N. A., as amicus curiae urging affirmance.

Thaddeus Holt filed a brief for Charles L. Grimes et al. as amici curiae.


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