Impervious Paint Industries Inc. v. Ashland Oil Inc‪.‬

BEFORE: KEITH and JONES, Circuit Judges, and PECK, Senior Circuit Judge Order The defendants in this antitrust class action have appealed from two orders of the district court in addition to filing a petition for a writ of mandamus. One of the defendants in this action contacted potential class members and explained the procedure for opting-out of the class. The district court found that the defendant's counsel knew about these explanations and acted improperly by not advising their client that its conduct was improper. As a result, the district court entered an order which prevented the defendant ""from giving any opinions or advise to any class action members,"" and assessed attorneys' fees against the defendant. In its second order the district court required that a ""Special Notice"" be sent to each class member contacted by the defendant and that these class members opt-out a second time. This Court lacks jurisdiction to review the appeals from these interlocutory orders. They do not fall within the scope of 28 U.S.C. § 1292(a). Lewis v. Bloomsburg Mills, Inc., 608 F.2d 971 (4th Cir. 1979); Clark v. Lomas & Nettleton Financial Corp., 581 F.2d 516 (5th Cir. 1978). We also hold that they are not reviewable under the collateral order doctrine. Oswald v McGarr. 620 F.2d 1190 (7th Cir. 1978).