Appellate Practice
Dec. 27, 2008
Pride and Prejudice
A recent 9th Circuit case addresses federal appellate jurisdiction in the tricky area of voluntary dismissals, write Benjamin G. Shatz and Becky S. Walker. - Focus Column
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Question: When is a dismissal without prejudice in District Court really a dismissal with prejudice? Answer: When two 9th Circuit judges decide that it is for purposes of establishing appellate jurisdiction. Case in point: Romoland School District v. Inland Empire Energy Center LLC, No. 06-56632 (9th Cir. Nov. 18, 2008). A third 9th Circuit judge, however, strongly disagreed with this transmogrification, calling the majority's approach "diametrically opposed to our federal ju...
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